United States First Circuit

Defendant's sentence is illegal because it fails to satisfy the minimum term required by U.S.S.G. section 5C1.1; "imprisonment" does not extend to time served in home detention or community confinement.

Appellate Information

• Decided 02/03/2004
• Published 02/03/2004

Judges

• CAMPBELL, Senior Circuit Judge., Before HOWARD, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ara B. Gershengorn,United States Department of Justice, with whom H.S. Garcia, United States Attorney, Robert D. McCallum, Assistant Attorney General, Kathleen A. Kane and Michael S. Raab, Civil Division, United States Department of Justice, were on brief for appellant.


• For Appellees:
  
• Luis F. Camacho for appellee.