US v. Agramonte, 980 F. 2d 847 - Court of Appeals, 2nd Circuit 1992

Defendant-appellant Eric Agramonte appeals from a judgment of conviction and sentence entered on July 31, 1991 in the United States District Court for the Northern District of New York (Gagliardi, J.) imposing a term of imprisonment of forty-six months, supervised release for a term of thirty-six months and a special assessment of fifty dollars following his conviction for conspiracy to possess marijuana with the intent to distribute it, in violation of 21 U.S.C. § 846. Agramonte contends that the district court erred in calculating his base offense level by taking into account twenty-five pounds of marijuana that were not the subject of any agreement or negotiation, in denying him a two-level reduction because of his minor role in the conspiracy, and by dismissing a sworn juror for presumed bias without making any inquiry of the juror