United States v. Oquendo-Garcia, No. 14-1368 (1st Cir. 2015)
Annotate this CaseDefendant pleaded guilty to possession of a rifle in furtherance of a drug-trafficking crime. As a result of his plea, Defendant faced a statutory mandatory minimum sentence of sixty months in prison. The district court determined that an eighty-four-month sentence was more appropriate given Defendant’s extensive criminal history. Defendant appealed, arguing that the court imposed the sentence in violation of Fed. R. Crim. P. 32(h) and that the sentence was substantively unreasonable. The First Circuit affirmed, holding (1) because the court varied, rather than departed, from the sentencing guidelines in imposing the sentence, there was no Rule 32(h) error; and (2) the district court imposed a reasonable sentence based on Defendant’s individualized criminal history.
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