U.S. v. CARABALLO

No. 08-1555.

552 F.3d 6 (2008)

UNITED STATES of America, Appellee, v. Luis CARABALLO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 22, 2008.


Attorney(s) appearing for the Case

Bjorn Lange, Assistant Federal Public Defender, for appellant.

Aixa Maldonado-Quiñones, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney was on brief, for appellee.

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


SELYA, Circuit Judge.

This single-issue criminal appeal raises a question of first impression in this circuit: Does the Sentencing Commission's recent amendment to the drug quantity table, USSG App. C, Amend. 706 (2007), offer a potential remedy to a defendant who, although convicted of a drug-trafficking offense involving crack cocaine, was ultimately sentenced as a career offender? The district court answered that question in the negative, concluding that the amendment...

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