United States First Circuit

Conviction for carjacking is affirmed despite the fact that the district court judge committed plain error by determining that the defendant had raped the victim during sentencing rather than submitting the issue to a jury where the defendant did not show a reasonable probability that but for the error, the outcome would have been different.

Appellate Information

• Decided 09/19/2006
• Published 09/19/2006

Judges

• SARIS, District Judge., Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SARIS, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Raymond L. Sanchez Maceira, Assistant Federal Public Defender, for appellant.


• For Appellees:
  
• Nelson J. Perez-Sosa, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, was on brief, for appellee.