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MATEO v. U.S.

No. 02-1645.

310 F.3d 39 (2002)

Felix MATEO, a/k/a Manuel Lluberes, Johnny Rodriguez, Petitioner-Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 7, 2002.

Attorney(s) appearing for the Case

James P. Bardsley and Law Office of Bardsley & Gray on Motion Attacking the Sentence Imposed by this Court, Pursuant to Section 2255 of Title 28 of the United States Code for petitioner.

James P. Bardsley and Law Office of Bardsley & Gray on Motion for the Issuance of a Certificate of Appealability Pursuant to F.R.A.P. 22(b) and Loc. R. 22.1 for petitioner.

James P. Bardsley and Law Office of Bardsley & Gray on Memorandum in Support of Motion for the Issuance of a Certificate of Appealability Pursuant to F.R.A.P. 22(b) and Loc. R. 22.1 for petitioner.

Michael J. Pelgro, Assistant United States Attorney, and Michael J. Sullivan, United States Attorney, on Memorandum in Opposition to Petitioner's Motion Under 28 U.S.C. § 2255 for the United States.

Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

BOUDIN, Chief Judge.

Mateo pled guilty, pursuant to a written plea agreement, to various federal drug related offenses. The district court found that Mateo's offenses occurred at a time when he was the subject of an outstanding state warrant for probation violation. Under the Sentencing Guidelines, this equates to the commission of a federal crime while under sentence for another crime and raised Mateo's criminal history score...

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