United States v. Carter, No. 11-3605 (2d Cir. 2012)
Annotate this CaseDefendant pleaded guilty to drug charges. On appeal, defendant argued that the district court erred by applying the ten-year mandatory minimum in 21 U.S.C. 841(b)(1)(B) without first concluding that a ten-year sentence was "not greater than necessary" to achieve the sentencing objectives listed in 18 U.S.C. 3553(a)(2). The court rejected defendant's argument and held that a statutory mandatory minimum provision constrained a district court's discretion under section 3553(a) when it "specifically provides" for a minimum sentence. Accordingly, the court affirmed the judgment.
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