Legal Opinion
United States v. Rodriguez
Court of Appeals for the First Circuit
Decided December 28, 2010No. 09-1429PublishedCited by 26 opinions
1Opinion of the Court
THOMPSON, Circuit Judge.
This appeal pivots on the intriguing interplay between ex post facto principles and the now-advisory Sentencing Guidelines. 1 Guided by the light of controlling caselaw, we vacate Ricardo Rodriguez’s sentence and remand for resentencing.
Setting the Stage
Caught selling two sawed-off guns to an undercover police officer in 2006, Rodriguez pled guilty to a multi-count indictment charging him with various firearms offenses. See 18 U.S.C. § 922(g)(1); 26 U.S.C. §§ 5861(d), 5861(e), and 5871. 2 Sentencing Rodriguez in 2009, the district judge used the Guidelines then in…
2Cases cited26 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- United States v. IreyCourt of Appeals for the Eleventh Circuit · 2010
21 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. TavaresCourt of Appeals for the First Circuit · 2013
- United States v. TaylorCourt of Appeals for the Sixth Circuit · 2011
- United States v. Millan-IsaacCourt of Appeals for the First Circuit · 2014
- United States v. Vidal-MaldonadoCourt of Appeals for the First Circuit · 2013
- United States v. DouglasCourt of Appeals for the First Circuit · 2011
21 more not listed; retrieve them via the Exa API.