In a case involving the sentence of a defendant for maliciously destroying by fire a building with two prior convictions for non-dwelling burglary, the government's appeal of defendant's sentence requesting that the Sentencing Commission be asked to clarify how courts ought to apply the Sentencing Guidelines to non-dwelling burglary is dismissed because there is no specification of error by the government directed to the district court's reasoning or findings, and the government's alternative request that the court consult the Commission is unpromising.
Appeal from the United States District Court for the District of Maine
Decided December 14, 2009
Before: Lynch, Chief Judge, Torruella and Boudin, Circuit Judges
Opinion by Boudin, Circuit Judge
For Appellee: James S. Hewes