United States v. Guzman-Fernandez, No. 14-1576 (1st Cir. 2016)
Annotate this CaseGuzman, a supervisor at Kmart, provided his co-conspirators with information about a Kmart store, including the store's layout and the identity of the security guard. Guzman's co-conspirators robbed the store, using a firearm and physically restraining and injuring the security guard. Guzman subsequently provided details about another Kmart store and prepared a hiding spot for his co-defendant, who hid in that spot until the store closed. When Guzman and other employees encountered the robber the next morning, Guzman pretended to be a victim. The second robbery involved a firearm, restraint of employees, and injury to the security guard. The value of the property taken during the two robberies exceeded $50,000. Guzman pled guilty to conspiracy to commit Hobbs Act robberies, 18 U.S.C. 1951(a). His plea agreement and PSR recommended a range of 97 to 121 months, based on a total offense level of 30 and a criminal history category of I. The offense level included enhancements because a firearm was brandished, victims sustained bodily injury, victims were physically restrained, the loss exceeded $50,000, and Guzman abused a position of trust. The court imposed a 135-month term, explaining its consideration of the sentencing factors in 18 U.S.C. 3553(a). The First Circuit affirmed; the factors relied on by the court established a plausible rationale for the modest variance.
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