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US v. MacPherson, No. 08-1829

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drug quantity estimate was not binding on the prosecutor and that if the estimate was wrong, the plea could not be withdrawn; and 2) there was no authority that prevented a sentencing judge from using facts of the offense conduct both to determine the applicable Sentencing Guidelines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


Per Curiam


For Appellant:

Todd M. Merer, New York, NY

For Appellee:

Benton J. Campbell, Susan Corkery, Licha M. Nyiendo, Asst. U.S. Attys., Brooklyn, NY