United States v. Caparotta, No. 11-1713 (1st Cir. 2012)Annotate this Case
After pleading guilty to stealing firearms and possessing stolen firearms, defendant received a sentence of 54 months' imprisonment, based, in part, on a finding that he qualified as a "prohibited person" who, because of his history of substance abuse, was barred from possessing firearms. The First Circuit affirmed. The court first held that defendant had waived an argument that an interview with the Pretrial Services Office during which defendant disclosed information about his drug use, involved a promise of confidentiality, and that inclusion of the information in the sentencing report violated his due process rights and FRCP 32. The court rejected a claim of ineffective assistance of counsel, based on his attorney allowing him to disclose the information.