United States First Circuit

Where the grand jury provided reference to a penalty statute, even though it did not need to, and the judge determined that the referenced statute was the wrong one, the judge may sentence under the correct statute without prejudicing defendant as long as there is proper notice.

Appellate Information

• Decided 08/29/2001
• Published 08/29/2001

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edward S. MacColl and Thompson, Bull, Furey, Bass & MacColl, LLC, P.A., on brief for appellant.


• For Appellees:
  
• Jay P. McCloskey, United States Attorney, and F. Mark Terison, Senior Litigation Counsel, on brief for appellee.