Tuesday, May 29, 2007

district court erred in imposing an obstruction of justice enhancement

US v. Abdul-Aziz, No. 06-3032
A conviction and sentence for being a felon in possession of a firearm is vacated in part as to the sentence and remanded where the district court erred in imposing an obstruction of justice enhancement based on perjury as the record did not establish with the required clarity that the court exercised its independent judgment in reaching the decision to impose the enhancement

Thursday, May 10, 2007

district court erred by conflating the two steps of the analysis for an abuse of trust enhancement laid down in US v. Reccko, 151 F.3d 29 (1st Cir. 19

US v. Parrilla, No. 05-1566
Sentences for conspiracy to transport cocaine are vacated where the district court erred by conflating the two steps of the analysis for an abuse of trust enhancement laid down in US v. Reccko, 151 F.3d 29 (1st Cir. 1998