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U.S. v. GIGGEY

No. 09-1542.

589 F.3d 38 (2009)

UNITED STATES of America, Appellant, v. Timothy GIGGEY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 14, 2009.

Attorney(s) appearing for the Case

Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief for appellant.

James S. Hewes, by appointment of the court, for appellee.

Judith H. Mizner, Assistant Federal Public Defender, for the Federal Public Defender for the Districts of Massachusetts, New Hampshire and Rhode Island, Amicus Curiae.

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

BOUDIN, Circuit Judge.

This appeal is a sequel to our en banc decision in United States v. Giggey, 551 F.3d 27 (1st Cir.2008), in which we remanded a criminal case for re-sentencing. Following the new sentence the government now appeals; it does not challenge the new sentence on the merits but requests that we ask the Sentencing Commission to clarify how courts ought properly to apply the Sentencing Guidelines to non...

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