United States v. Frates, No. 16-1933 (1st Cir. 2018)Annotate this Case
Although the district court did not err in its application of the United States Sentencing Guidelines in this case, the First Circuit exercised its discretion under United States v. Godin (Godin II), 522 F.3d 133 (1st Cir. 2008), and United States v. Ahrendt, 560 F.3d 69 (1st Cir. 2009), to vacate Defendant’s sentence and remand to give the district court the opportunity to consider the United States Sentencing Commission’s current policy position on who qualifies as a career offender.
Appellant pleaded guilty to one count of federal armed robbery. At the sentencing hearing, the district court applied the career offender enhancement in the Guidelines, increasing Appellant’s guideline sentencing range to 188-235 months’ imprisonment. The court ultimately varied downward and sentenced Appellant to 132 months’ imprisonment. On appeal, Appellant asked the First Circuit to vacate his sentence in light of a recently enacted amendment to the Guidelines. The First Circuit vacated Appellant’s sentence, holding a remand for resentencing was proper to allow the district court the opportunity to consider the Sentencing Commission’s updated views.