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U.S. v. IMARIAGBE

No. 1771, Docket 93-1141.

999 F.2d 706 (1993)

UNITED STATES of America, Appellee, v. Charles Onyenmwonsa IMARIAGBE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 29, 1993.

Attorney(s) appearing for the Case

Abraham L. Clott, New York City (Henriette D. Hoffman, The Legal Aid Soc., Federal Defender Services Unit, New York City, of counsel), for defendant-appellant.

Joseph Nocella, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty. for the E.D. of N.Y., Susan Corkery, Asst. U.S. Atty., Brooklyn, NY, of counsel), for appellee.

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND and PRATT, Circuit Judges.

PER CURIAM:

Charles Imariagbe appeals from a judgment of the United States District Court for the Eastern District of New York (Sifton, J.) seeking vacatur of the sentence which followed his plea of guilty to a charge of importing heroin. 21 U.S.C. §§ 952(a), 960(a)(1) and 960(b)(3). Imariagbe contends that the district court erred in basing his sentence on the total quantity of heroin he possessed rather than on the quantity he believed he possessed. We...

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