United States First Circuit

In a prosecution of defendant for crimes related to his role in a conspiracy to distribute cocaine, district court's imposition of a sentence of 120-months imprisonment is vacated as: 1) an attaching plates offense under Massachusetts law does not count toward defendant's criminal history under the guidelines; and 2) whether defendant qualifies for the safety valve and, if so, whether a different sentence should be imposed are matters for the district court on remand.

Appellate Information

• Decided 07/26/2010
• Published 07/26/2010

Judges

• BOUDIN

Court

• United States First Circuit

Counsel

• For Appellant:
  
• George F. Gormley, Randall E. Kromm