United States v. Carlos Acosta

RONEY, Circuit Judge:

This appeal concerns whether a prior adjudication, but not a conviction, for a felony under New York’s youthful offender statute can be used for sentencing enhancement. Carlos Acosta pled guilty in federal court to conspiracy to possess with intent to distribute five kilograms or more of cocaine in violation of 21 U.S.C. § 846. At sentencing, the district court determined that Acosta’s prior youthful offender adjudication from New York qualified as a prior conviction for purposes of sentencing enhancement, and denied Acosta “safety valve” relief. Acosta appeals. We affirm.