United States First Circuit

In a matter of first impression concerning the application of section 4A1.1(d) of the federal sentencing guideline, sentence for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence"; and 2) the district court appropriately elevated his criminal history score by two points on that account.

Appellate Information

• Decided 08/29/2008
• Published 08/29/2008

Judges

• SELYA, Circuit Judge., Before TORRUELLA and SELYA, Circuit Judges, and DOMÍNGUEZ, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David Duncan, with whom Zalkind, Rodriguez, Lunt & Duncan LLP was on brief, for appellant.


• For Appellees:
  
• Kelly Begg Lawrence, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.