United States v. Soto-Rivera, No. 14-1216 (1st Cir. 2016)
Annotate this CasePursuant to a plea agreement, Defendant pleaded guilty to illegally possessing a firearm and ammunition. The district judge sentenced Defendant to 108 months’ imprisonment, determining that Defendant should be sentenced as a Career Offender because he committed a “crime of violence” as defined by the United States Sentencing Guidelines. Defendant appealed, arguing that the district court erred in treating him as a Career Offender. The First Circuit vacated Defendant’s sentence and remanded the matter to the district court for resentencing, holding that Defendant’s crime of conviction does not fall within the Guidelines’ definition of “crime of violence,” and therefore, Defendant may not be sentenced as a Career Offender.
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