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US v. Rodriguez, 09-1429

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By FindLaw Staff on December 28, 2010 2:41 PM

Challenge to the district court's application of an enhancement based on a post-offense amendment to the Guidelines

US v. Rodriguez, 09-1429, concerned a challenge to the district court's imposition of a 108-month sentence in applying a four-level trafficking-in-firearms enhancement based on a post-offense amendment to the Guidelines, following a conviction of defendant for various firearm offenses, arising from a sale of two sawed-off guns to an undercover police officer in 2006.

In vacating the sentence, the court remanded for resentencing as, the district judge committed plain error by using the version in effect at the time of sentencing, even though the Commission had made the Guidelines harsher by adding a four-level enhancement after defendant's crimes.  Further, the defendant has shown that the error not only likely affected the result in the lower court but also threatens a miscarriage of justice if not corrected.

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