United States v. Mohamed, No. 18-1498 (1st Cir. 2019)Annotate this Case
In this sentencing appeal brought by the United States the First Circuit vacated Defendant's sentence for being a felon in possession of a firearm and remanded the case for resentencing, holding that Defendant's prior Maine drug trafficking conviction properly qualified as a "controlled substance offense" under the United States Sentencing Guidelines.
The district court essentially adopted the reasoning of another Maine federal judge in another case and held that, as a matter of law, Defendant's prior Maine drug trafficking conviction did not qualify as a predicate controlled substance offense under U.S.S.G. 2K2.1(a). The First Circuit disagreed, holding that Defendant's prior conviction properly qualified as a "controlled substance offense."
The court issued a subsequent related opinion or order on April 8, 2019.