United States v. Bagcho

As a result of newly discovered evidence of a Brady violation, the district court vacated defendant's narcoterrorism conviction and resentenced him to concurrent terms of 300 months on the two remaining convictions for conspiracy to distribute heroine and distributing heroin. The DC Circuit held that the district court did not abuse its discretion by denying defendant's motion for a continuance where the denial did not present a legal bar to prevent him from accessing jury selection records.However, the court agreed with defendant that there was insufficient evidence to support a two-point sentencing enhancement for possession of a firearm during a drug offense. Finally, defendant acknowledged that he could not prevail on his contention that the sentence was unconstitutional because the district court considered uncharged and acquitted conduct in calculating the base offense level. Accordingly, the court remanded for resentencing, but otherwise affirmed the judgment. View "United States v. Bagcho" on Justia Law