United States First Circuit

Sentence for convictions of possession of a firearm and ammunition by an unlawful user of a controlled substance, 18 U.S.C. section 922(g)(3), and possession of a machine guy, section 922(o), is vacated and remanded for resentencing where: 1) the District Court's consideration of defendant's musical group whose songs promoted violence, drugs and the use of weapons and violence, blurred the line between the artistic expression of a musical performer and that performer's state of mind qua criminal defendant; and 2) this line-blurring undermined the plausibility of the court's sentencing rationale.

Appellate Information

• Published 2016/07/08

Judges

• SELYA

Court

• United States First Circuit

Counsel