United States First Circuit

Sentence for guilty plea to drug trafficking offense is remanded for resentencing, where, while this appeal was pending, the district court purported to grant sua sponte an order modifying the sentence on the basis of the amendment to the guidelines under 18 U.S.C section 3582(c)(2), and although under US v. Moldonado-Rios, ___ F.3d ___, 2015 WL 3652600, (1st Cir. June 15, 2015), a district court does not have jurisdiction to enter a sentence modification order under section 3582(c)(2) while an appeal of that sentence is pending, such action will be treated as if it were an indicative ruling under Rule 12.1.

Appellate Information

• Decided 06/23/2015
• Published 06/23/2015

Judges

Court

• United States First Circuit

Counsel