Document Type
Article
Publication Date
5-10-1988
Abstract
Defendant-appellant Gary Sterber appeals from a judgment of conviction in the United States District Court for the Western District of New York (Elfvin, J.) for furnishing false and fraudulent information on DEA Form-222 in violation of 21 U.S.C. § 843(a)(4)(A) and (c). The court imposed a sentence of three years' probation and directed him to surrender his New York State pharmacy license as a special condition of probation. Because New York Education Law § 6509 et seq. (McKinney 1985 & Supp.1988) sets forth well-defined procedures to determine whether revocation of Sterber's pharmacy license is an appropriate sanction and provides Sterber with a meaningful opportunity to contest the imposition of such a sanction, we hold that the special condition of probation was improper, and we remand for resentencing with respect to the imposition of special conditions.
Recommended Citation
Miner, Roger J., "US v. Sterber, 846 F. 2d 842 - Court of Appeals, 2nd Circuit 1988" (1988). Circuit Court Opinions. 237.
https://digitalcommons.nyls.edu/circuit_opinions/237
Comments
846 F.2d 842 (1988)
UNITED STATES of America, Appellee,
v.
Gary STERBER, Defendant-Appellant.
No. 854, Docket 87-1494.
United States Court of Appeals, Second Circuit.
Argued March 17, 1988.
Decided May 10, 1988.
New York Law School location: File #537, Box #121