United States First Circuit

A defendant who committed a crime and was sentenced prior to US v. Booker, 125 S.Ct. 738 (2005), can be given a sentence that is within the statutory maximum but higher than the sentence that he would normally have received under the mandatory US Sentencing Guideline regime.

Appellate Information

• Decided 06/24/2005
• Published 06/24/2005

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and Gertner, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jonathan R. Saxe, Assistant Federal Public Defender, Federal Defender Office, for appellant.


• For Appellees:
  
• Mark E. Howard, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney, was on supplemental brief for appellee.