United States v. Lopez-Soto, No. 17-1663 (1st Cir. 2020)
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The First Circuit affirmed Defendant's convictions for three Hobbs Act robberies, conspiring to commit a Racketeer Influenced an Corrupt Organizations Act (RICO) violation, and other offenses but vacated the district court's sentence and remanded for the limited purpose of reducing Defendant's sentence for the Hobbs Act and RICO counts, holding that the district court exceeded the statutory maximum for these offenses.
Specifically, the First Circuit held (1) the district court erred in providing a medical care instruction to the jury, but the error was harmless in light of the overwhelming evidence of Defendant's guilt; (2) as to Defendant's remaining challenges to his convictions, the district court did not plainly err or abuse its discretion; but (3) Defendant's 360-month sentence for the Hobbs Act and RICO counts exceeded the statutory maximum of 240 months for these offenses, and therefore, the case is remanded for resentencing for these counts.
The court issued a subsequent related opinion or order on June 16, 2020.
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