U.S. v. POLAND

No. 08-1203.

562 F.3d 35 (2009)

UNITED STATES of America, Appellee, v. Jonathan POLAND, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 2, 2009.


Attorney(s) appearing for the Case

Judith H. Mizner, Assistant Federal Public Defender, Federal Public Defender's Office, for appellant.

Renée M. Bunker, Assistant United States Attorney, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

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


BOUDIN, Circuit Judge.

The issue the parties have framed on this appeal is whether, where the district court adjusts a prior sentence to account for post-sentence cooperation by the defendant, the adjustment may reflect factors other than that cooperation. We sustain the district court's disposition of this case but on a narrower ground, deferring until necessary the larger issue—which may arise only rarely and implicates a difficult and delicate issue...

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