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eBook details

• Title: United States v. Story
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 08, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This appeal presents the issue of whether district courts must apply the Sentencing Guidelines with respect to so-called "straddle crimes" -- continuing offenses begun before November 1, 1987, when the Guidelines went into effect, and continuing after that date. The United States appeals from the April 19, 1989, judgment of the District Court for the Northern District of New York (Con. G. Cholakis, Judge). The Government seeks review only of the sentences imposed on the defendants. Count 1 of a two-count indictment charged George Story, Curtis Jones, and two other defendants with conspiring to distribute in excess of five kilograms of cocaine from July 1, 1983, through April 7, 1988, in violation of 21 U.S.C. § 846 (1982). Count two charged Story with possession with intent to distribute one-half kilogram of cocaine, in violation of 21 U.S.C. § 841(a)(1) (1982). After Joness guilty plea and Storys trial, the Court sentenced both under pre-Guidelines law. The Government asserts that the Court was required to sentence under the Guidelines. We agree and vacate both sentences. We remand with instructions to resentence Story pursuant to the Guidelines and to give Jones the option of either being resentenced under the Guidelines or withdrawing his guilty plea.

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