United States First Circuit

In a sentencing appeal wherein defendant asserted that his prior convictions for burglary should not be considered "crimes of violence" for purposes of being found a career offender under the guidelines, the sentence is vacated and remanded for reconsideration where: 1) the sentencing court explicitly indicated a desire to deviate from the guidelines in defendant's specific case if duly authorized; and 2) the deviation suggested by the court previously is now clearly within its discretionary authority under Kimbrough.

Appellate Information

• Decided 06/11/2008
• Published 06/11/2008

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jaye L. Rancourt, by appointment of the court, with whom Brennan Caron Lenehan & Iacopino was on brief for appellant.


• For Appellees:
  
• Terry L. Ollila, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney, was on brief for appellee.