United States v. Sevilla-Oyola, No. 12-1463 (1st Cir. 2014)
Annotate this CaseAppellant pleaded guilty to two counts related to his involvement in a drug ring. After a plea colloquy, the district judge sentenced Appellant to 327 months on count one and life imprisonment on count two, to run consecutively. Thereafter, the district judge twice resentenced Appellant. The last sentence imposed on Appellant was a total aggregate sentence of 405 months. Appellant appealed, contending that his first judgment should be vacated because of flaws in the initial plea colloquy and because the district court lacked authority for actions taken after entry of the first sentence. The First Circuit affirmed the initial guilty plea and original sentence and vacated all subsequent judgments and orders of the district court, holding (1) the first sentence was not unreasonable, and although the initial plea colloquy was flawed, the imperfections did not justify setting aside the first judgment; and (2) the district judge lacked statutory authority to act after he entered the original sentence, and therefore, the first and most severe sentence imposed by the district judge stands.
The court issued a subsequent related opinion or order on October 16, 2014.
The court issued a subsequent related opinion or order on October 16, 2014.
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