United States v. Bryant, No. 09-2500 (1st Cir. 2011)Annotate this Case
Defendant was charged with sales of crack cocaine in 2006. The pre-sentence report classified him as a career offender and he was sentenced to 90 months incarceration. The Third Circuit held that a 1997 Massachusetts conviction for conspiracy to violate state drug laws did not qualify as a predicate offense. On remand, the court admitted three new documents to establish a New York conviction, held that the defendant's presence was not required at the hearing, and reaffirmed the career offender designation and 90-month sentence. The Third Circuit vacated and remanded, noting the various options available to the court. The defendant should be permitted to allocute and to raise the issue of post-sentencing rehabilitation.