United States First Circuit

In a case involving the sentence of a defendant for maliciously destroying by fire a building with two prior convictions for non-dwelling burglary, the government's appeal of defendant's sentence requesting that the Sentencing Commission be asked to clarify how courts ought to apply the Sentencing Guidelines to non-dwelling burglary is dismissed because there is no specification of error by the government directed to the district court's reasoning or findings, and the government's alternative request that the court consult the Commission is unpromising.

Appellate Information

• Decided 12/14/2009
• Published 12/14/2009

Judges

• BOUDIN, Circuit Judge., Before LYNCH, Chief Judge, TORRUELLA and BOUDIN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief for appellant., Judith H. Mizner, Assistant Federal Public Defender, for the Federal Public Defender for the Districts of Massachusetts, New Hampshire and Rhode Island, Amicus Curiae.


• For Appellees:
  
• James S. Hewes, by appointment of the court, for appellee.