United States v. Gardner

OPINION AND ORDER

JED S. RAKOFF, District Judge.

Pending before the Court is the resen-tencing of defendants Edward Gardner and Kenroy Gladden following a vacatur and remand of their sentences by the Second Circuit in light of Dorsey v. United States, — U.S. -, 132 S.Ct. 2321, 183 L.Ed.2d 250 (2012). See Mandate, December 3, 2012, ECF No. 57. The initial question presented on remand is whether, in calculating the defendants’ range under the U.S. Sentencing Guidelines (the “Guidelines”), the Court should apply the Guidelines’ provision by which, for sentencing purposes, the weight of the cocaine…