United States v. Marquez, No. 11-2329 (1st Cir. 2012)Annotate this Case
Defendant pled guilty in Massachusetts federal district court to five counts of crack cocaine distribution and one count of conspiracy to distribute. Defendant was sentenced to 121 months in prison and appealed to challenge the sentence. Specifically, Defendant challenged the quantity of drugs attributed to him. The First Circuit Court of Appeals vacated the sentence and remanded for re-sentencing, holding (1) it was not clear error to conclude that Defendant's then-current and ongoing drug operation included at least one 152-gram purchase; but (2) the finding of two such 152-gram acquisitions, which triggered a mandatory minimum sentence in addition to greatly enlarging the recommended guideline sentence, was error.