United States v. Guerrero, No. 14-4120 (2d Cir. 2016)
Annotate this CaseDefendant appealed his conviction of two counts of intentional murder while engaged in a drug trafficking offense, in violation of 21 U.S.C. 848(e)(1)(A). On appeal, defendant raised three challenges related to section 848(e)(1)(A)’s drug trafficking element: (1) the Fair Sentencing Act of 2010, Pub. L. No. 111–220, 124 Stat. 2372, retroactively invalidates a pre‐Act verdict under section 848(e)(1)(A) predicated upon a pre‐Act drug trafficking quantity under section 841(b)(1)(A), where the defendant is sentenced post‐Act; (2) he could not properly be indicted for violating section 848(e)(1)(A) unless he had previously been convicted of the predicate drug trafficking offense; and (3) the predicate drug trafficking offense’s statute of limitations governs a section 848(e)(1)(A) murder prosecution. Defendant also claimed Fourth Amendment violations arising from his arrest. After considering all of defendant's arguments on appeal, the court found them to be without merit. Accordingly, the court affirmed the judgment, but remanded for the sole purpose of correcting a clerical error.
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