United States First Circuit

In light of a recent amendment to sentencing guidelines which provides that two prior convictions are counted as one if the resulting "sentences were imposed on the same day", petition for sentence rehearing is granted and the sentence below vacated where: 1) although the amendment was inapplicable retroactively; nevertheless 2) at the time the amendment became effective, the appeal had yet to result in a "final disposition".

Appellate Information

• Decided 04/10/2008
• Published 04/11/2008

Judges

• Per Curiam., Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul M. Glickman, by appointment of the court, with whom Glickman Turley LLP was on brief for appellant.


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