U.S. v. SAEZ

No. 05-2001.

444 F.3d 15 (2006)

UNITED STATES of America, Appellee, v. Miguel SAEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 6, 2006.


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, for appellee.

Peter E. Papps, Assistant United States Attorney, and Thomas P. Colantuono, United States Attorney, on brief, for appellee.

Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.


BOUDIN, Chief Judge.

In this appeal, Miguel Saez challenges the refusal of the federal district court in New Hampshire to sentence him below the guideline range. The principal basis urged by Saez for a below-guideline sentence is his claim that another judge in the same district court gave a shorter sentence to another defendant, Gay Finley, who had been involved in the same criminal conduct as Saez. The history is as follows.

In 2002 or 2003, Saez met Finley...

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