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U.S. v. RIVERA-MARTíNEZ

No. 09-1766.

665 F.3d 344 (2011)

UNITED STATES of America, Appellee, v. Robin Eddie RIVERA-MARTÍNEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 20, 2011.

Attorney(s) appearing for the Case

Jean C. LaRocque , by appointment of the court, on supplemental brief for appellant.

Lanny A. Breuer , Assistant Attorney General, Greg D. Andres , Acting Deputy Assistant Attorney General, Vijay Shanker , Attorney, Appellate Section, Criminal Division, United States Department of Justice, Rosa Emilia Rodríguez-Vélez , United States Attorney, Nelson Pérez-Sosa , Assistant United States Attorney (Appellate Chief), and Julia M. Meconiates , Assistant United States Attorney, on supplemental brief for appellee.

Before TORRUELLA, SELYA and HOWARD, Circuit Judges.

SELYA, Circuit Judge.

In United States v. Rivera-Martínez (Rivera-Martínez I), 607 F.3d 283 (1st Cir.2010), we affirmed a district court decision finding the defendant ineligible for a sentence reduction under certain retroactive amendments to the federal sentencing guidelines. Id. at 286-88. The defendant petitioned for a writ of certiorari. While that petition was pending, the Supreme Court decided...

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