United States First Circuit

In defendants' motions to reduce their sentences for crack cocaine related convictions, district court's denial of the motions is vacated and remanded for reconsideration as, where the defendant's existing sentence was ultimately determined by the old crack cocaine guidelines rather than by the career offender guideline, resentencing is within the discretion of the district court.

Appellate Information

• Decided 05/28/2010
• Published 05/28/2010

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Judith H. Mizner, Assistant Federal Public Defender, Federal Defender Office, for appellant Edwin Rodriguez., Edwin Rodriguez on brief pro se., Victoria M. Bonilla-Argudo, by appointment of the court, for appellant Manuel Cardosa., Manuel Cardosa on brief pro se.


• For Appellees:
  
• Kelly Begg Lawrence, Assistant United States Attorney, with whom Carmen M. Ortiz, United States Attorney, was on brief for appellee.