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U.S. v. McGEE

Docket No. 08-1619-cr.

553 F.3d 225 (2009)

UNITED STATES of America, Appellee, v. Darius Durand McGEE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 23, 2009.

Attorney(s) appearing for the Case

Sandra S. Glover, Assistant United States Attorney (Michael J. Gustafson, Assistant United States Attorney, on the brief) for Nora R. Dannehy, Acting United States Attorney, District of Connecticut, New Haven, CT, for Appellee.

Robert J. Sullivan, Westport, CT, for Appellant.

Before: POOLER, RAGGI, and LIVINGSTON, Circuit Judges.

PER CURIAM:

In this decision, we address the narrow question of whether a defendant such as appellant Darius McGee, who at sentencing was designated a career offender but granted a departure so that he was ultimately sentenced based on the crack cocaine (cocaine base) guidelines, is eligible for a reduced sentence pursuant to the so-called crack amendments. As we recently discussed in United States v. Williams,

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