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U.S. v. FLORENTINO

No. 03-1067.

427 F.3d 985 (2005)

UNITED STATES of America, Appellee, v. Germain FLORENTINO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 28, 2005.

Attorney(s) appearing for the Case

J. Thomas Kerner, by appointment of the court, on supplemental brief for appellant.

Virginia M. Vander Jagt, Assistant United States Attorney, Appeals Unit, and Michael J. Sullivan, United States Attorney, on supplemental brief for appellee.

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

PER CURIAM.

Germain Florentino pleaded guilty to drug and immigration violations, and was found by the district court to be a career offender, triggering a guideline sentencing range of 151 to 181 months. At sentencing, he argued that one of the prior convictions which provided the basis for his career offender status was improperly relied upon because it was the product of an unusual two-tier trial system that has since been abolished in Massachusetts; the district...

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