United States v. Carty

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice

New York Law Journal

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Judge John Koeltl

>A 1995 North Carolina federal indictment and a Southern District information were consolidated for sentencing. In 2000 Carty was sentenced to 290 months in prison after pleading guilty under indictment to conspiring to distribute cocaine and cocaine base. He also pleaded guilty to the information's counts charging conspiracy to possess with intent to distribute five kilos or more of cocaine, and possessing with intent to distribute 100 grams or more of heroin. In addition to calculating a Sentencing Guidelines range of 262 to 327 months the sentencing judge. The judge held Carty should receive credit for time served while imprisoned in the Dominican Republic awaiting extradition. The Guidelines' amendment, during Carty's imprisonment, reduced the sentencing ranges for offenses involving crack cocaine. In addition to finding that Carty should be credited for time served in the Dominican Republic, district court—finding his case similar to United States v. Chaparro—granted Carty a reduced 186-month sentence under 18 USC §3582. Although the sentencing judge's written judgment subsequent to a sentencing hearing accepted a presentence report's attribution of at least 11 kilograms of crack cocaine to Carty, the written report was inconsistent with that judge's findings at the sentencing hearing. Based on the record, a finding of 11 kilograms of crack cocaine was not possible.

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