U.S. v. JIMENEZ-BELTRE

No. 05-1268.

440 F.3d 514 (2006)

UNITED STATES of America, Appellee, v. Lenny JIMÉNEZ-BELTRE, a/k/a Tony Pérez, Héctor Cintrón, Héctor Guzmán-Rivera, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 9, 2006.


Attorney(s) appearing for the Case

James B. Krasnoo, by appointment of the court, with whom Law Offices of James B. Krasnoo was on brief for appellant.

Peter Goldberger, Joshua Dratel, Charles W. Rankin, Rankin & Sultan, and Carmen D. Hernandez Gil on brief for The National Association of Criminal Defense Lawyers and the Criminal Justice Act Board for the United States District Court for the District of Massachusetts, Amici Curiae.

Judith H. Mizner, Assistant Federal Public Defender, Massachusetts Federal Defender Office, Amy Baron-Evans, National Sentencing Resource Counsel, Federal Defender Office, Miriam Conrad, Federal Public Defender, Districts of Massachusetts, New Hampshire and Rhode Island, Joseph C. Laws, Federal Public Defender, District of Puerto Rico, and David Beneman, Federal Public Defender, District of Maine, on brief for the Federal Public Defenders for the Districts of Massachusetts, New Hampshire and Rhode Island, the District of Puerto Rico and the District of Maine, Amici Curiae.

Cynthia A. Young for appellee.

Michael J. Sullivan, United States Attorney, and Paul G. Casey, Assistant United States Attorney on brief for appellee.

Paula D. Silsby, United States Attorney, Margaret McGaughey, Assistant United States Attorney, H.S. Garcia, United States Attorney, Nelson Perez-Sosa, Assistant United States Attorney, Robert Clark Corrente, United States Attorney, Donald C. Lockhart, Assistant United States Attorney, and Patty Merkamp Stemler, Chief, Appellate Section, Criminal Division, United States Department of Justice, on supplemental/en banc brief for appellee.

Before BOUDIN, Chief Judge, TORRUELLA, SELYA, LYNCH, LIPEZ, and HOWARD, Circuit Judges.


OPINION EN BANC

BOUDIN, Chief Judge.

A year has now passed since the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and courts are being asked to review sentences imposed under the post-Booker advisory guidelines regime. See United States v. Pho, 433 F.3d 53 (1st Cir.2006); United States v. Robinson,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases