United States First Circuit

Sentence for crack cocaine offenses is affirmed where: 1) this case is controlled by the decision in US v. Caraballo; 2) defendant was originally sentenced based on a sentencing range that was lowered by the retroactive crack cocaine amendment to the drug quantity table; and 3) as in Caraballo, the drug type was alluded to in the course of constructing the defendant's sentence but, ultimately, the sentence actually imposed was based on a sentencing range derived from the career offender guideline.

Appellate Information

• Decided 12/23/2008
• Published 12/23/2008

Judges

Court

• United States First Circuit

Counsel