United States v. Culbertson, No. 10-1766 (2d Cir. 2012)Annotate this Case
Defendant pleaded guilty to four counts of a multi-count superseding indictment, including a charge of conspiracy to import 100 grams or more of heroin and five kilograms or more of cocaine, and was sentenced to 120 months' imprisonment. Defendant subsequently appealed his conviction and sentence. Because there was an inadequate factual basis for defendant's guilty plea with respect to the quantity of drugs for which he was responsible, the court remanded to the district court with instructions to vacate the judgment of conviction and for further proceedings.
The court issued a subsequent related opinion or order on February 16, 2012.