United States v. Carter, No. 14-1844 (1st Cir. 2017)Annotate this Case
Defendant was convicted of violating Maine’s assault statute. The court of appeals vacated Defendant’s conviction and remanded for further proceedings. On remand, the district court dismissed the indictment. The government appealed the dismissal. While the appeal was pending, the First Circuit issued its decision in United States v. Voisine, which the Supreme Court affirmed. See Voisine v. United States, 579 U.S. __ (2016). The First Circuit reversed the decision below and ordered the indictment reinstated in light of Voisine, which made it clear that Defendant’s original conviction was proper. The court then remanded the case for reentry of the judgment of conviction and the sentence, albeit with leave for Defendant to proceed with a previously preserved challenge to his sentence.