United States v. Gonzalez, No. 11-1490 (2d Cir. 2012)Annotate this Case
Convicted of conspiracy to distribute and to possess with intent to distribute cocaine, heroin, ketamine, and morphine, 21 U.S.C. 846; distribution and possession with intent to distribute cocaine and attempting to distribute and to possess with intent to distribute morphine and ketamine, 21 U.S.C. 812, 841(a)(1), and 841(b)(1)(C), defendant, a previously convicted felon, was sentenced to four concurrent terms of 120 months, the mandatory minimum. The Second Circuit remanded for resentencing, noting that the indictment did not properly allege any quantified amount of cocaine, so that defendant should have been sentenced under 21 U.S.C. 841(b)(1)(C), the penalty provision that does not depend on quantity and does not, except in circumstances not present here, provide a mandatory minimum prison term.