United States First Circuit

Sentence of life imprisonment imposed on defendant for his role in a large-scale drug operation is vacated and remanded, where: 1) the sentence exceeds the statutory maximum on each of the nine counts; 2) the sentencing judge improperly relied on ex parte information concerning a prison incident because defendant had insufficient notice and no opportunity to develop a response to any adverse information communicated there; and as such, 3) remand to another judge for resentencing is advisable.

Appellate Information

• Decided 05/13/2013
• Published 05/13/2013

Judges

• LIPEZ

Court

• United States First Circuit

Counsel