United States First Circuit

In this case, following a failed motion to suppress, defendant pleaded guilty to an array of drug-trafficking charges. Defendant now challenges both his conviction and 135-month sentence. The judgment is affirmed, where: 1) there was no error in the change-of-plea colloquy; 2) the application of the stash house enhancement was proper as there was ample evidence that defendant exercised dominion and control over the apartment despite not renting or owning it, and a sufficient nexus existed between the premises and defendant's drug-trafficking activities; and 3) while this case was pending on appeal, an amendment was adopted that reduced the recommended penalties for many drug offenses and gave the reductions retroactive effect, but a defendant who seeks resentencing under a retroactive guideline amendment must file a motion in the district court.

Appellate Information

• Decided 02/20/2015
• Published 02/20/2015

Judges

• Selya

Court

• United States First Circuit

Counsel