Ducan Fanfan
Respondent
Rosemary Curran Scapicchio, Counsel of RecordOn October 9, 2003, Ducan Fanfan was convicted in a Maine Federal district court of conspiracy to distribute more than 500 grams of cocaine. During the trial, a witness testified that Fanfan tried to sell him "crack" cocaine, although Fanfan had not been indicted for that crime. During the sentencing following Fanfan’s conviction, prosecutors argued that Fanfan’s sentence should be increased beyond the 63- to 78-month range set forth in the Federal Sentencing Guidelines because of evidence that Fanfan sold crack cocaine. The judge denied the prosecutors’ request, citing U.S. Supreme Court precedent as prohibiting…
