A Maine man who denied that he had a firearm during a drug transaction with a confidential informant can’t reduce his sentence, the First Circuit ruled.
Derek Fitzpatrick, who pleaded guilty to four drug-related counts, argued that he qualified for relief under a sentencing provision for nonviolent drug offenders with little or no criminal background. However, a district court found that the sentencing provision didn’t apply because Fitzpatrick was in possession of a gun in connection with the drug transaction.
Fitzpatrick appealed, arguing that he didn’t have a gun during the drug transaction, contradicting the confidential informant’s written statement. He ...
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