United States First Circuit

Conviction and sentence drug- and firearm-related offenses is vacated in part and remanded where: 1) with regards to a brandishing firearms conviction, the record was devoid of any indication that defendant or his co-conspirator displayed firearms for the purpose of intimidating other persons; 2) the government conceded that a life sentence imposed on defendant's conspiracy to use firearms in furtherance of drug conspiracy exceeded the statutory maximum sentence for that conviction; and 3) the district court plainly erred in imposing multiple consecutive sentences for two acts of firearm possession arising from the same predicate drug conspiracy.

Appellate Information

• Decided 05/13/2008
• Published 05/13/2008

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Linda Backiel, for appellant.


• For Appellees:
  
• German A. Rieckehoff, Assistant United States Attorney, with whom Rosa Rodriguez Velez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief for appellee.