United States First Circuit

Conviction and sentencing of defendant for drug and Hobbs Act offenses in violation of 21 U.S.C. section 841(a)(1), 844 and 18 U.S.C. section 1951, are upheld where district court imposed a sentencing variance without the requisite notice because defendant was not prejudiced by the lack of notice and, assuming district court erred, error was neither clear nor obvious.

Appellate Information

• Decided 03/17/2011
• Published 03/17/2011

Judges

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joshua L. Gordon, Seth R. Aframe