United States First Circuit

Defendant's refraining from drug use and drug sales for a period of nearly two years prior to his arrest did not constitute "extraordinary rehabilitation," particularly in light of his disruptive and sometimes violent behavior while detained before sentencing. The 37-month downward departure is reversed.

Appellate Information

• Decided 02/06/2004
• Published 02/06/2004

Judges

• HOWARD, Circuit Judge., Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Dina M. Chaitowitz, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney and Michael D. Ricciuti, Assistant United States Attorney were on brief, for appellant.


• For Appellees:
  
• Stephen Hrones, with whom Hrones & Garrity was on brief, for appellee.