United States First Circuit

Sentence for conspiracy to distribute cocaine is vacated where: 1) the statutory minimum did apply to defendant under the facts of the case; but 2) the district court abused its discretion in denying the government a continuance to investigate the meaning of a docket entry and the status of a previous conviction in order to make its case concerning defendant's status as a career offender.

Appellate Information

• Decided 08/16/2007
• Published 08/16/2007

Judges

• FUSTE, District Judge., Before TORRUELLA and LYNCH, Circuit Judges, and FUSTÉ, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Charles W. Rankin, with whom Michelle Menken and Rankin & Sultan, were on brief, for appellant.


• For Appellees:
  
• William D. Weinreb, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.