United States First Circuit

Sentence of 13 years for conspiracy to distribute crack cocaine and two counts of distribution of crack cocaine is vacated and remanded, where: 1) burglary of a dwelling under Florida law is similar in kind and in risk to the enumerated burglary of a dwelling offense to qualify as a crime of violence under the Sentencing Guidelines' residual clause so there was no error in the district court's application of the career offender enhancement; however, 2) given the ambiguity in the record and the absence of any ruling by the judge about whether the Section 861 enhancement for "knowingly or intentionally" using a person who is a minor when committing the offense applied, remand is appropriate to allow the district court to clarify its decision and make any adjustments it sees fit.

Appellate Information

• Decided 02/27/2013
• Published 02/27/2013

Judges

• THOMPSON

Court

• United States First Circuit

Counsel