Legal Opinion
United States v. Christian Modest Nicholas
Court of Appeals for the First Circuit
Decided January 9, 1998No. 97-1733PublishedCited by 20 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
Federal criminal sentences under the Guidelines are often increased where the defendant had prior state court findings which amount to convictions or admissions of guilt. This defendant in 1997 pled guilty to six bank robberies, federal crimes, and had in 1993 admitted to sufficient facts 1 on state charges of larceny and forgery, a procedure the state labeled a “continuance without a finding.” The rub is that he did so under an archaic Massachusetts criminal procedure, abolished as of January 1,1994, which gave defendants a trial de novo after an initial criminal…
2Cases cited7 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Williams v. PoulosCourt of Appeals for the First Circuit · 1993
- Commonwealth v. DuquetteMassachusetts Supreme Judicial Court · 1982
- United States v. DamonCourt of Appeals for the First Circuit · 1997
- United States v. RobertsCourt of Appeals for the First Circuit · 1994
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United States v. SherwoodCourt of Appeals for the First Circuit · 1998
- United States v. BurnsCourt of Appeals for the First Circuit · 1998
- United States v. DiPinaCourt of Appeals for the First Circuit · 1999
- United States v. TorresCourt of Appeals for the Tenth Circuit · 1999
- United States v. FraserCourt of Appeals for the First Circuit · 2004
15 more not listed; retrieve them via the Exa API.