United States v. Santiago-Reyes, No. 16-2071 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed the reduced sentence Defendant received after a limited remand for resentencing and remanded with instructions for the district court to address Defendant’s pending 18 U.S.C. 2255 motion to vacate his sentence as soon as practicable.
Defendant pled guilty to interference with commerce by threats or violence an carrying a firearm during and in relation to a crime of violence. The First Circuit vacated Defendant’s sentence and remanded the case back to the district court. After a resentencing hearing was ordered, Defendant filed a pro se motion under section 2255 to vacate count two of his sentence, arguing that this count should have been dismissed in light of Johnson v. United States, 135 S. Ct. 2551 (2015). A few weeks later, Defendant’s counsel filed a motion to dismiss count two on the same grounds. The district judge refused to consider the Johnson issue because the matter was not ripe. The district court then resentenced Defendant. At the time of this appeal, Defendant’s section 2255 motion had been stayed. The First Circuit affirmed the district court’s resentencing order, holding that the district court did not err in declining to address Defendant’s motion to dismiss because the issue of whether Johnson applied fell far outside the scope of remand.