United States v. Luis Fernando Correa-Vargas

FEINBERG, Chief Judge:

Luis Fernando Correa-Vargas appeals from a sentence of Judge Sifton of the United States District Court for the Eastern District of New York, imposed upon him for violation of 21 U.S.C. § 843(b), which prohibits use of a communication facility in the commission of a drug offense. The judge imposed the statutory maximum of 48 months, well over the recommended range of imprisonment for this offense in the Sentencing Guidelines. The judge justified his upward departure from the Guidelines by the quantity of narcotics involved. Appellant claims that this was improper. For…