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US v. Preaceley, No. 09-2580

Crack Distribution Sentence Vacated

In US v. Preaceley, No. 09-2580, the court vacated defendant's sentence for distributing and possessing with intent to distribute 50 grams or more of a substance containing cocaine base so that the district court could perform an individualized consideration of factors relevant to an assessment of whether Category VI under the Sentencing Guidelines significantly over-represented the seriousness of defendant's criminal history or the likelihood that he would commit further crimes.


As the court wrote:  "On October 8, 2003, law enforcement personnel conducted surveillance of Preacely's apartment, based on a tip that he was selling crack cocaine. Preacely and another man were seen leaving the apartment. Law enforcement officers attempted to question them and both fled. Preacely escaped, but the officers caught the other man and found he possessed crack cocaine. The other man told the officers that Preacely was selling crack cocaine."

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Read the Second Circuit's Decision in US v. Preaceley, No. 09-2580