United States First Circuit

Sentence for illegal reentry of a removed alien is vacated and remanded where the district court's consideration of defendant's custody on unrelated state charges at the time of sentencing was clearly erroneous.

Appellate Information

• Decided 08/30/2007
• Published 08/30/2007

Judges

• JOHN R. GIBSON, Circuit Judge., Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge  and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

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


• For Appellees:
  
• John S. Ferrara, with whom Dalsey, Ferrara, & Albano, was on brief for appellee.