United States v. Reynaldo Canales
Court of Appeals for the Second Circuit
1Opinion of the Court
JACOBS, Circuit Judge:
Defendant Reynaldo Canales pled guilty to one count of conspiring to possess with intent to distribute and of conspiring to distribute cocaine and cocaine base, in violation of 21 U.S.C. § 846. On November 9, 1995, the district court sentenced Canales to 60 months’ imprisonment pursuant to U.S.S.G. § 2Dl.l(a)(3) & (c) — the relevant provisions for offenses involving “crack” cocaine. Ca-nales appeals his sentence on the grounds (i) that the rule of lenity required the district court to sentence him under the Guidelines section applicable to non-crack cocaine, because the…
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