Legal Opinion

United States v. McGee

Court of Appeals for the Second Circuit

Decided January 23, 2009No. Docket 08-1619-crPublishedCited by 67 opinions

1Per 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, 551 F.3d 182, 184 (2d Cir.2009), these amendments came about on November 1, 2007, when the United States Sentencing Commission promulgated Amendment 706, which amended the Drug Quantity Table in…

2Cases cited15 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Lee v. WeismanSupreme Court of the United States · 1992
  3. United States v. Charles R. DaurayCourt of Appeals for the Second Circuit · 2000
  4. United States v. RegaladoCourt of Appeals for the Second Circuit · 2008
  5. United States v. LiddellCourt of Appeals for the Seventh Circuit · 2008

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3Cited by67 opinions

  1. United States v. MunnCourt of Appeals for the Fourth Circuit · 2010
  2. United States v. PembrookCourt of Appeals for the Sixth Circuit · 2010
  3. United States v. BowersCourt of Appeals for the Sixth Circuit · 2010
  4. United States v. FlemmingCourt of Appeals for the Third Circuit · 2010
  5. United States v. DartonCourt of Appeals for the Tenth Circuit · 2010

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