United States First Circuit

Sentence for drug conspiracy, conspiring to use a firearm in furtherance of a drug conspiracy, and aiding and abetting the commission of a crime, is vacated and remanded where: 1) the district court's failure to convene a new sentencing hearing deprived defendant the opportunity to argue his position both as to matters of fact relevant to sentencing, and as to the appropriate sentence to be imposed; and 2) thus, the error was prejudicial.

Appellate Information

• Decided 05/07/2008
• Published 05/07/2008

Judges

• SELYA, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and Lynch, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lydia Lizarribar-Masini on brief for appellant., Omar Genao-Sánchez, pro se, on supplemental brief for appellant.


• For Appellees:
  
• Nelson Pérez-Sosa, Assistant United States Attorney (Chief, Appellate Division), and Rosa Emilia Rodríguez-Veléz, United States Attorney, on brief for appellee.