U.S. v. KELLER

No. 07-3330-CR.

539 F.3d 97 (2008)

UNITED STATES of America, Appellee, v. Robin KELLER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 14, 2008.


Attorney(s) appearing for the Case

Joseph R. Perella, Assistant United States Attorney (Thomas D. Anderson, United States Attorney, Gregory L. Waples, Assistant United States Attorney, on the brief), United States Attorney's Office for the District of Vermont Burlington, VT, for Appellee.

E.M. Allen, Stetler, Allen & Kampmann, Burlington, VT, for Defendant-Appellant.

Before: MINER, CABRANES, Circuit Judges, and BERMAN, District Judge.


JOSÉ A. CABRANES, Circuit Judge:

We write briefly to clarify that (1) the record must unambiguously demonstrate that the District Court was aware of "its discretion to consider that [the disparity between cocaine base and cocaine powder offenses in the United States Sentencing Guidelines] might result in a sentence greater than necessary," in order to avoid a remand pursuant to United States v. Regalado, 518 F.3d 143,...

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