United States v. Wilkerson

United States Court of Appeals
For the First Circuit

No. 02-1729

UNITED STATES,

Appellee,

v.

AUSTIN R. WILKERSON,

Defendant, Appellant.

ERRATA

The opinion of this court issued June 9, 2005, is amended as
follows:

Withdraw the next to the last paragraph in the opinion
commencing with the words “The district judge sentenced” and
substitute the following paragraph:

The district judge sentenced Wilkerson to the lowest
available sentence under the Guidelines. He repeatedly
expressed his concern about disparate treatment between
federal and state court sentences in similar cases, but
stated that the Guidelines did not permit him to take
that disparity into account. This statement of the
district judge was in accord with our earlier decision in
United States v. Snyder, 136 F.3d 65, 69 (1st Cir. 1998)
(Selya, J.)* The district judge also observed that
Wilkerson had the most horrible young life he had seen in
17 years on the bench. As this court recognized in
Heldeman, where there is a reasonable indication that the
district judge might well have given a different sentence

*
We express no opinion at this time about whether federal-
state sentencing disparities may be considered under the post-
Booker advisory guidelines.
 under an advisory guidelines regime, and it would be easy
enough for him to say no with a minium expenditure of
effort, we are persuaded that remand is required. 402
F.3d at 224. We express no view on whether defendant
should be resentenced or on any possible resentence.

The petitions for rehearing by the panel should then be denied
as moot.

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