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U.S. v. LATA

No. 04-2051.

415 F.3d 107 (2005)

UNITED STATES of America, Appellee, v. James T. LATA, Sr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 24, 2005.

Attorney(s) appearing for the Case

Jonathan R. Saxe, Assistant Federal Public Defender, Federal Defender Office, for appellant.

Mark E. Howard, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney, was on supplemental brief for appellee.

Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and Gertner, District Judge.

BOUDIN, Chief Judge.

The appeal in this case presents the question whether a defendant who committed a crime and was sentenced prior to United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), can be given a sentence that is within the statutory maximum but higher than the sentence that he would normally have received (absent departures) under the mandatory guideline regime. We conclude, without...

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