In US v. Torres, No. 09-1771, the court of appeals reversed defendant’s drug conspiracy conviction, holding that the trial evidence was insufficient to permit the jury to find beyond a reasonable doubt that he had knowledge that the purpose of the conspiracy of which he was found to be a member was the distribution of narcotics.

In US v. Hernandez, No. 09-1421, the Second Circuit vacated defendant’s drug conspiracy sentence, on the ground that the district court evidently started with an assumption–invalid after so long an interval–that the baseline for the re-sentencing was the sentence imposed in 1991, and thereby failed to properly consider the factors set out in 18 U.S.C. section 3553(a)–particularly defendant’s submission of evidence of rehabilitation–at the time of re-sentencing.

  • Full Text of US v. Torres, No. 09-1771
  • Full Text of US v. Hernandez, No. 09-1421

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