United States First Circuit

Sentence for drug charges is affirmed where the district court did not err in applying of a guidelines enhancement for firearm possession, but remanded for re-sentencing under Booker where the government did not show that the application of mandatory guidelines was harmless error.

Appellate Information

• Decided 06/29/2006
• Published 06/29/2006

Judges

• LIPEZ, Circuit Judge., Before CAMPBELL and BOWMAN, Senior Circuit Judges, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edward E. Eliot, on brief, for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula Silsby, United States Attorney, was on brief, for appellee.