U.S. v. AL-RIKABI

No. 08-2327.

606 F.3d 11 (2010)

UNITED STATES of America, Appellee, v. Hussein AL-RIKABI, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 28, 2010.


Attorney(s) appearing for the Case

Peter E. Rodway on brief for appellant.

Paula D. Silsby, United States Attorney, and Margaret D. McGaughey, Appellate Chief, on brief for appellee.

Before TORRUELLA, SELYA and HOWARD, Circuit Judges.


SELYA, Circuit Judge.

Defendant-appellant Hussein Al-Rikabi challenges a managerial role enhancement that increased his guideline sentencing range and, thus, paved the way for a stiffer sentence. Concluding, as we do, that the adjustment is unsupported by the record, we vacate the sentence and remand for resentencing.

The procedural setting is mundane. Following a short trial in March of 2008, a jury convicted the appellant of one count of conspiracy to possess...

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