United States v. Robertson

Type

Opinion of the Court

Per curiam

Yes — no individual author

Filed

Oct. 28, 2002

Case

United States v. Robertson

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

SUMMARY ORDER AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby AFFIRMED. Defendant Appellant Bobby Robertson, Jr., appeals from an amended judgment of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge), dated December 19, 2001, convicting him upon his plea of guilty to a single violation of 21 U.S.C. § 844 and re-sentencing him on remand to a term of imprisonment of 105 months, to be followed by a 3-year term of supervised release. We affirm. On January 29, 1998, Robertson pleaded guilty to a criminal information that charged him with “knowingly and intentionally possessing] approximately 22.5 grams of cocaine base, also known as crack.” An individual who is convicted of possessing “a mixture or substance which contains cocaine base” faces a possible term of imprisonment of “not less than 5 years and not more than 20 years.” 21 U.S.C. § 844 (a). The statute’s use of the term “cocaine base” refers to all forms of cocaine base. United States v. Jackson, 59 F. 3d 1421 (2d Cir.1995) (per curiam), cert, denied, 517 U.S. 1139 , 116 S.Ct. 1428 , 134 L.Ed.2d …

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