[Download] "United States v. Tracy" by United States Court of Appeals for the Second Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Tracy
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 23, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Defendants Michael Tracy and Francisco Luis Aguilar appeal from judgments entered in the United States District Court for the District of Connecticut following a jury trial before Warren W. Eginton, Judge, convicting them of conspiracy to distribute and to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846 (1988), and convicting Aguilar on five counts of distribution of and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) (1988) and 18 U.S.C. § 2 (1988), one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1), and one count of continuing criminal enterprise, in violation of 21 U.S.C. § 848 (1988). Tracy was sentenced principally to 327 months imprisonment, to be served consecutively to a term of imprisonment imposed on him in 1991 on related charges, and to be followed by a five-year term of supervised release. Aguilar was sentenced principally to 480 months imprisonment, to be followed by a four-year term of supervised release. Aguilar contends principally that he was deprived of his Sixth Amendment right to counsel, that his conviction should be reversed for various trial errors, and that the court erred in computing his sentence. Tracy principally challenges various aspects of his sentence. For the reasons below, we conclude that the court applied the wrong Guidelines section in considering whether Tracys sentence should be consecutive to his prior sentence, and we vacate the judgment as to Tracy and remand for resentencing. In all other respects, we affirm.