United States First Circuit

Even though a ground for collateral attack was unavailable at the time of the first motion, it was not unjust for the sentencing court to enhance defendant's sentence based on a conviction later overturned.

Appellate Information

• Decided 03/29/2001
• Published 03/29/2001

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Veronica J. White, by appointment of the court, for petitioner., Margaret D. McGaughey, Assistant United States Attorney, with whom Jay P. McCloskey, United States Attorney, was on brief for the United States.