United States First Circuit

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US v. Frates, 16-1933

Vacated a sentence for federal armed bank robbery to allow the district court to reconsider it in light of changes to the U.S. Sentencing Guidelines. The defendant argued that his sentence as a career offender should be vacated in light of a recently enacted amendment to the Guidelines. While finding no error with the district court's application of the Guidelines, the First Circuit exercised its discretion to vacate the sentence and remand to allow the district court to consider the U.S. Sentencing Commission's current policy position on who qualifies as a career offender.

Appellate Information

  • Decided
  • Published 2018/07/18


  • Lipez


  • United States First Circuit


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