United States First Circuit

Direct appeal from sentence is granted where the district court may have underestimated the scope of its discretion to vary from the statutory sentencing guidelines and thus may have have imposed a lesser sentence. The case is remanded to give the district court an opportunity to resentence if it deems appropriate in light of the additional latitude furnished by Kimbrough.

Appellate Information

• Decided 02/26/2009
• Published 02/26/2009

Judges

Court

• United States First Circuit

Counsel