United States First Circuit

A portion of the sentence for a former mayor convicted on multiple charges of corruption is overturned and remanded for re-sentencing where the trial court abused its discretion in applying an abuse of trust enhancement to the sentence when the sentencing guidelines prohibited the enhancement in addition to an existing enhancement for an offender who holds high public office.

Appellate Information

• Decided 03/14/2006
• Published 03/14/2006

Judges

• STAHL, Senior Circuit Judge., Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Alexander Zeno for appellant.


• For Appellees:
  
• Thomas F. Klumper, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief, for appellee.