United States v. Diaz-Serrano, No. 21-1884 (1st Cir. 2023)
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The First Circuit affirmed the judgment of the district court sentencing Defendant to 240 months imprisonment - double the statutory minimum - in connection with his plea of guilty to one count of knowingly carrying, brandishing, or discharging one or more firearms during and in relation to a kidnapping resulting in a crime of violence, holding that there was no error.
Pursuant to his plea agreement, Defendant joined the government during sentencing to recommend a sentence of 210 months. The court rejected the recommendation and sentenced Defendant to 240 months - double the statutory minimum of 120 months. The First Circuit affirmed, holding that the district court's upwardly variant sentence was neither procedurally nor substantively unreasonable.
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