United States First Circuit

Downward departures to a sentence for crack distribution are vacated and remanded for resentencing where the departures were unreasonable when considering the seriousness of the offenses, the unpromising nature of the defendant's record and the lack of any indication that rehabilitation represented a better prospect than normal.

Appellate Information

• Decided 04/07/2006
• Published 04/07/2006

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Patrick M. Hamilton, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellant.


• For Appellees:
  
• Jonathan Shapiro with whom Stern, Shapiro, Weissberg & Garin, LLP was on brief, for appellee.