United States v. Samuel O. White, Luis Noel Cruz, AKA Danny Cruz

KATZMANN, Circuit Judge:

Luis Noel Cruz appeals from a final judgment of conviction entered on January 27, 2000, in the United States District Court for the Western District of New York (Arcara, Judge). He argues that: (1) his convictions for drug distribution under 21 U.S.C. § 841(a) must be dismissed as lesser included offenses of his convictions for drug distribution within 1000 feet of a school under 21 U.S.C. § 860; (2) the district court misunderstood its authority to depart from a sentence of 240 years’ imprisonment; (3) the district court’s sentencing Mr. Cruz to 240 years based on its…