United States v. Cheveres-Morales, No. 20-1245 (1st Cir. 2023)
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The First Circuit vacated Defendant's new sentence after concluding that it could sua sponte consider a claim of error not timely raised by Defendant, holding that the district court committed plain error during sentencing.
Defendant pled guilty to two carjacking offenses and a firearm count. The district court varied upward and imposed concurrent sentences of eighty-seven months on the carjacking counts and a consecutive sentence of 108 months on the firearm count. The First Circuit remanded for resentencing. The district court ultimately imposed concurrent sentences of 132 months' imprisonment on the carjacking counts and a consecutive sentence of 108 months' imprisonment on the firearm count. The First Circuit vacated the sentence, holding (1) this Court may sua sponte raise an error that constitutes a violation of the mandate rule; and (2) the resentencing court in this case committed plain error under this Court's holding in United States v. Ticchiarelli, 171 F.3d 24 (1st Cir. 1999).
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