United States v. Curet, No. 10-1176 (1st Cir. 2012)
Annotate this CaseAfter pleading guilty to three counts of conspiracy to distribute cocaine base and distribution of cocaine base within 1,000 feet of a school (18 U.S.C. 841 (a) and(b)), defendant was sentenced to 174 months in prison. The First Circuit affirmed the sentence, holding that a Massachusetts state-court "guilty-filed" disposition to charges of resisting arrest qualifies as a conviction under the career offender guidelines, U.S.S.G. 4B1.1(a)(3). The court noted that the disposition is similar to probation and that, although defendant was 17, he was charged as an adult. Although the court erred in failing to hold a hearing on a challenge to another conviction, which had been expressly waived by defendant, the error did not warrant reversal.
This opinion or order relates to an opinion or order originally issued on April 13, 2011.
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