United States v. Lombard, Jr.

BOUDIN, Circuit Judge.

This court earlier upheld the convictions of defendant Henry Lombard; but the court vacated the life sentence imposed on one of the counts and remanded for resentencing, holding that the district court had authority to depart downward. United States v. Lombard, 72 F.3d 170, 187 (1st Cir.1995) (“Lora bard I”). On remand, the district court reimposed the original sentence. This new appeal raises a constitutional claim that Lombard made earlier but was not decided on the initial appeal.

I

The facts are set forth at length in Lombard I, 72 F.3d at 172-76, and only the briefest…