United States v. Smith, No. 15-3313 (2d Cir. 2018)Annotate this Case
Defendant appealed his conviction and sentence for being a felon in possession of a firearm and ammunition and possession of crack cocaine with intent to distribute. This case, in which oral argument was heard, was held in abeyance pending decision first in United States v. Jones, 878 F.3d 10 (2d Cir. 2017), then in United States v. Morales, 709 F. App'x 93 (2d Cir. 2018). The court held that the evidence at trial was sufficient to prove possession of crack cocaine with intent to distribute. The court also held that the district court's calculation of defendant's base offense level was not erroneous where the New York offense of robbery in the second degree constituted a "crime of violence" under the Sentencing Guidelines before August 1, 2016.
This opinion or order relates to an opinion or order originally issued on March 8, 2018.