Friday, July 24, 2009

1st Cir. Reverses Career Offender Designation

In an opinion issued July 8, 2009 captioned U.S. v. Bryant, the First Circuit Court of Appeals reversed a district court "career offender" determination because the lower court had relied on the pre-sentence report without verifying through reliable sources and documents (such as plea colloquy, certified copy of conviction) the veracity and exact nature of out-of-state conviction. Source: First Circuit website (http://www.ca1.uscourts.gov); R.I. Lawyers' Weekly (www.rilawyersweekly.com).

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