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United States v. Giggey

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Before Lynch, Chief Judge, Torruella and Boudin, Circuit Judges.

This appeal is a sequel to our en banc decision in United States v. Giggey, 551 F.3d 27 (1st Cir. 2008), in which we remanded a criminal case for re-sentencing. Following the new sentence the government now appeals; it does not challenge the new sentence on the merits but requests that we ask the Sentencing Commission to clarify how courts ought properly to apply the Sentencing Guidelines to non-dwelling burglary.

The history of this case, elsewhere recounted, Giggey, 551 F.3d at 30-32; United States v. Giggey, 501 F. Supp. 2d 237 (D. Me. 2007), can be abbreviated. On December 19, 2006, Giggey, along with his brother and a juvenile male, set out to burglarize a building in Lewiston, Maine. To create a diversion, the three set a series of small fires in a nearby vacant building; but the fires spread and razed four neighboring buildings that had received funding pursuant to a federal rehabilitation grant from the Department of Housing and Urban Development. Giggey pled guilty to maliciously destroying by fire a building owned by an organization that received federal financial assistance. 18 U.S.C. § 844(f) (2006).

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