United States v. Flores-Gonzalez, No. 19-2204 (1st Cir. 2023)
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The First Circuit affirmed the decision of the district court sentencing Defendant following his guilty plea to a charge of illegally possessing a machine gun, holding that Defendant's upwardly variant sentence stood.
On appeal, Defendant argued that the district court erred by classifying him as a "prohibited person" under U.S.S.G. 2K2.1(a)(4)(B) and that his forty-eight-month sentence was both procedurally and substantively unreasonable. The First Circuit affirmed on the issue of whether Defendant's classification as a prohibited person was clear error, holding that it was not. The Court, however, divided evenly on how to rule on Defendant's argument that the district court improperly varied upward eighteen months from the upper end of the guidelines sentencing range. The First Circuit thus affirmed Defendant's sentence, holding that the sentence was reasonable.
This opinion or order relates to an opinion or order originally issued on May 16, 2022.
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