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409 F.3d 479

Docket No. 04-1506.

United States v. Jackson

First Circuit Court of Appeals

Heard Jan. 6, 2005.

Decided June 2, 2005.

First Circuit Court of Appeals · decided 2005-06-02

Cited by 4 later decisions — most recently August 2007

4 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 924

Relies on Shepard v. United States · United States v. Bell · United States v. Delgado

Good law ✅— No negative treatment on recordhow we know

Opinion by Levin Hicks Campbell · Decided 2005-06-02

View the full empirical analysis of this case →

¶1Holly T. Smith, for appellant.

¶2Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

¶3Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

¶4CAMPBELL, Senior Circuit Judge.

¶5The defendant appeals from his sentence, arguing, inter alia, that the sentencing court erroneously relied on police reports in determining whether he pled guilty to a prior “crime of violence” qualifying for sentencing enhancement under the career offender guideline, U.S.S.G. § 4B1.1. This appeal was briefed and argued shortly before the Supreme Court handed down its decision in Shepard v. United States, — U.S. -, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), holding that a sentencing court may not look to police reports for this purpose.1 Recognizing *480that a decision in Shepard was imminent and would be relevant, this court withheld any disposition pending the issuance of Shepard. Now that that case has been decided, we vacate the district court’s sentence and remand to it for resentencing in light of Shepard.

¶6So ordered.

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