United States First Circuit

District court's imposition of a sentence of 84-months' imprisonment and four years' supervised release for defendant's wire fraud and money laundering convictions is affirmed in part, vacated in part and remanded where: 1) defendant cannot establish that his concurrent sentences of 84 months constitutes plain error; 2) district court's imposition of four years of supervised release is vacated and remanded for the sole purpose of the imposition of a new term of supervised release on all counts that does not exceed three years; 3) Godin and Ahrendt do not advocate in favor of remanding for resentencing in light of Amendment 709; 4) district court did not commit plain error in counting defendant's prior convictions; and 5) defendant has not met his burden of showing that the district court's orders of restitution was plain error.

Appellate Information

• Decided 07/07/2010
• Published 07/07/2010

Judges

• STAHL

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edward J. O'Brien, Mark T. Quinlivan