United States v. Marchena-Silvestre, No. 14-1404 (1st Cir. 2015)
Annotate this CasePursuant to a written plea agreement, Defendant pleaded guilty to unlawfully possessing a machine gun. After a sentencing hearing, the district court imposed an above-guideline seventy-two-month imprisonment term, a higher range than was recommended by either the presentence investigation report or the plea agreement. The First Circuit vacated Defendant’s sentence and remanded for a new sentencing hearing before a different judge, holding that, under plain error review, the district court’s failure to calculate correctly the guideline sentencing range or to explain its calculation compromised the fairness and integrity of the proceeding.
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