United States v. Garcia-Ortiz, No. 13-1632 (1st Cir. 2015)
Annotate this CaseIn 2004, a jury convicted Appellant of felony murder, intentional obstruction of commerce by robbery, and unlawfully carrying and using a firearm during a crime of violence. On his third appeal, Appellant argued, among other things, that the trial judge mistakenly ordered restitution. The First Circuit vacated and remanded the restitution portion of Appellant’s sentence and affirmed his conviction, holding (1) there was sufficient evidence presented at Appellant’s jury trial to sustain his robbery conviction; (2) Appellant’s sentence was not procedurally unreasonable; (3) the district judge did not err at sentencing by ordering Appellant’s sentences to be served consecutively instead of concurrently; and (4) the district court improperly imposed $60,000 in restitution, as the judge mistakenly “continued” his restitution order, even though he had never ordered restitution in the first place.
The court issued a subsequent related opinion or order on July 16, 2015.
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