United States v. Arce-Calderon, No. 18-1193 (1st Cir. 2020)
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The First Circuit affirmed Defendant's sentence imposed in connection with his plea of guilty of possession with intent to distribute a controlled substance, holding that the sentence was both procedurally and substantively reasonable.
Defendant was sentenced to 108 months' imprisonment for possession of a firearm in furtherance of a drug trafficking crime and an additional six months' imprisonment for possession with intent to distribute a controlled substance. Defendant appealed his sentence for the controlled substance offense, arguing (1) the sentence was procedurally unreasonable because the district court overruled his objection to a statement included in the Amended Pre-Sentence Investigation Report (PSR); and (2) the sentence was substantively unreasonable because the court allegedly did not consider information showing a lower sentenced would have sufficed. The Supreme Court affirmed, holding (1) Defendant's argument supporting his assertion that his sentence was procedurally unreasonable lacked merit; and (2) it was not substantively unreasonable for the district court to impose the sentence for the controlled substance offense.
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