United States First Circuit

Conviction and sentence for conspiracy to steal goods traveling in interstate commerce and receipt of stolen interstate shipments of goods are affirmed where: 1) a stipulation that a co-conspirator had previously pleaded guilty to the counts of the indictment with which defendant was charged did not likely affect the outcome of the trial; and 2) the district court did not err in calculating defendant's sentence or sentence him under a mandatory guideline regime. The sentence for conspiracy is reversed where the sentence exceeded the statutory maximum.

Appellate Information

• Decided 06/20/2007
• Published 06/20/2007

Judges

• HOWARD, Circuit Judge., Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael J. Traft, with whom Carney & Bassil, P.C., was on brief, for appellant.


• For Appellees:
  
• Kirby A. Heller, Attorney, United States Department of Justice, with whom Michael J. Sullivan, United States Attorney, and Fred M. Wyshak, Jr., Assistant United States Attorney, were on brief, for appellee.