Defendant’s drug distribution sentence following a guilty plea is affirmed where: 1) the agreement and the plea colloquy put the defendant on notice that the Pimentel drug quantity estimate was not binding on the prosecutor and that if the estimate was wrong, the plea could not be withdrawn; and 2) there was no authority that prevented a sentencing judge from using facts of the offense conduct both to determine the applicable Sentencing Guidelines range and to select a sentence within that range.
Read US v. MacPherson, No. 08-1829
Appellate Information
Submitted: October 19, 2009
Decided: December 30, 2009
Judges
Per Curiam
Counsel
For Appellant:
Todd M. Merer, New York, NY
For Appellee:
Benton J. Campbell, Susan Corkery, Licha M. Nyiendo, Asst. U.S. Attys., Brooklyn, NY
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