United States First Circuit

Conviction for armed robbery is affirmed over concerns about admission of evidence and prosecutorial misconduct, but sentence is vacated and remanded where the district court erred in applying guidelines provisions to depart upward from the advisory guidelines range.

Appellate Information

• Decided 08/14/2006
• Published 08/14/2006

Judges

• LIPEZ, Circuit Judge., Before LIPEZ and HOWARD, Circuit Judges, and CYR, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Judith H. Mizner, Federal Defenders Office, District of Massachusetts, for appellant.


• For Appellees:
  
• Robert Clark Corrente, United States Attorney, with whom Donald C. Lockhart and Lee H. Vilker, Assistant United States Attorneys, were on brief for appellee.