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U.S. v. WHITAKER

Nos. 1547, 1734, Dockets 91-1021, 91-1067.

938 F.2d 1551 (1991)

UNITED STATES of America, Appellee-Cross-Appellant, v. Ronald WHITAKER, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 16, 1991.

Attorney(s) appearing for the Case

Richard L. Mott, Albany, N.Y., for defendant-appellant-cross-appellee.

George A. Yanthis, Asst. U.S. Atty. (Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y.), for appellee-cross-appellant.

Before MESKILL, KEARSE and McLAUGHLIN, Circuit Judges.

PER CURIAM:

Following a jury trial before Lee P. Gagliardi, Senior District Judge, defendant-appellant Ronald Whitaker was convicted of one count of conspiracy to distribute cocaine and one count of conspiracy to import cocaine in violation of 21 U.S.C. §§ 846, 963. At sentencing, Judge Gagliardi refused the government's request to sentence Whitaker as a career offender pursuant to § 4B1.1 of the Sentencing Guidelines because the government had...

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