United States First Circuit

In a sentencing challenge, a 192 month sentence as a career offender for a crack cocaine offense is affirmed where: 1) under Massachusetts law, resisting arrest, though a misdemeanor offense, qualified as a "prior felony conviction" because it carries a punishment of up to two and one-half years in a jail; 2) it was a "crime of violence" because it is punishable by imprisonment for a term exceeding one year and creates "serious potential risk of physical injury to another"; and 3) the trial court adequately considered the 18 U.S.C. Section 3553(a) factors including defendant's history and characteristics.

Appellate Information

• Decided 01/12/2009
• Published 01/12/2009

Judges

Court

• United States First Circuit

Counsel