United States First Circuit
US v. Rodriguez, 09-1429
Following a conviction of defendant for various firearm offenses, arising from a sale of two sawed-off guns to an undercover police officer in 2006, district court's imposition of a 108-month sentence in applying a four-level trafficking-in-firearms enhancement based on a post-offense amendment to the Guidelines is vacated and remanded for resentencing where: 1) the district judge committed plain error by using the version in effect at the time of sentencing, even though the Commission had made the Guidelines harsher by adding a four-level enhancement after defendant's crimes; and 2) defendant has shown that the error not only likely affected the result in the lower court but also threatens a miscarriage of justice if not corrected.
Appellate Information
- Decided 12/28/2010
- Published 12/28/2010
Judges
Court
- United States First Circuit
Counsel
- For Appellant:
- Stuart W. Tisdale, Jr., Jamie L. Wacks