U.S. v. MORENO

No. 03-1982.

367 F.3d 1 (2004)

UNITED STATES of America, Appellee, v. Cesar MORENO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 29, 2004.


Attorney(s) appearing for the Case

Van L. Hayhow, for appellant.

Donald C. Lockhart, Assistant United States Attorney with whom Craig N. Moore, Acting United States Attorney and Andrew J. Reich, Assistant United States Attorney were on brief, for appellee.

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


HOWARD, Circuit Judge.

In this appeal, we decide whether the district court permissibly applied an upward departure in sentencing Cesar Moreno for bail jumping to avoid prosecution on several civil rights charges. We vacate the sentence and remand for resentencing.

I.

On October 6, 1998, Moreno and three others were indicted by a federal grand jury on eight civil rights offenses.1 See 18 U.S.C. §§ 241...

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