U.S. v. ESTEVEZ

No. 03-1496.

419 F.3d 77 (2005)

UNITED STATES of America, Appellee, v. Nicholas ESTEVEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 17, 2005.


Attorney(s) appearing for the Case

Raymond E. Gillespie, on brief for appellant.

David H. Hennessy, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, on brief, for appellee.

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


TORRUELLA, Circuit Judge.

The Supreme Court remanded this appeal so that we might consider whether the defendant's sentence comports with the appropriate implementation of the U.S. Sentencing Guidelines, as expounded in United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We hold that it does.

I. Background

After a jury trial, Nicholas Estevez was convicted of (1) conspiracy to possess with intent...

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