United States First Circuit

In this case, defendant was convicted of one count of conspiracy to possess with intent to distribute less than 100 grams of heroin and four counts of distributing and possessing with intent to distribute heroin, and was sentenced to 84 months imprisonment and a six-year term of supervised release. Defendant's federal sentence, however, was increased based on state convictions that have since been vacated. Defendant now seeks to obtain resentencing on the federal charge. Judgment of the district court finding against defendant is reversed and the case is remanded, where defendant's claim is cognizable under 28 U.S.C. section 2255.

Appellate Information

• Decided 02/11/2015
• Published 02/11/2015

Judges

• Lynch

Court

• United States First Circuit

Counsel