United States v. Correy, No. 12-1542 (1st Cir. 2014)Annotate this Case
Defendant and numerous co-defendants were convicted of conspiracy to distribute heroin and cocaine. The sentencing judge made individual drug-quantity determinations based on his review of the record, relying heavily on the testimony of two witnesses who pleaded guilty and received lighter sentences. On appeal, the First Circuit remanded the cases of Defendant and his co-defendants for resentencing and instructed the resentencing judge to make his own credibility determinations of the two witnesses in order to determine drug quantity. After resentencing, the First Circuit again vacated Defendant's and his co-defendants’ sentences on the basis that the resentencing judge did not follow the Court’s instruction to engage in a credibility assessment. After Defendant was again resentenced, Defendant filed a motion under Fed. R. Crim. P. 35(a) to correct his sentence, arguing that the sentencing judge failed to follow the Court’s instruction to make individualized, record-based drug-quantity findings on remand. The First Circuit vacated Defendant’s sentence and remanded his case for the sentencing judge to resolve the credibility issues identified in this case and to make an individualized drug-quantity determination.