United States v. Cardoza, No. 13-2145 (1st Cir. 2015)Annotate this Case
Defendant pleaded guilty to a drug trafficking offense and was sentenced to seventy-two months imprisonment. Defendant appealed, arguing that his counsel provided ineffective assistance and that his case should be remanded for resentencing because of a recent retroactive amendment to the sentencing guidelines. While Defendant’s appeal was pending, the district court purported to grant sua sponte an order, issued on April 29, 2015, modifying Defendant’s sentence on the basis of the amendment to the guidelines. The First Circuit (1) dismissed Defendant’s ineffective assistance of counsel claim without prejudice because the claim involved fact-specific issues ill-suited for resolution on direct appeal; and (2) treated the district court’s April 29, 2015 order as if it were an indicative ruling under Fed. R. App. P. 12.1 and remanded the case to the district court so that it may enter an order modifying Defendant’s sentence as it indicated it believed was warranted.