United States v. Cruz-Vazquez, No. 15-1289 (1st Cir. 2016)
Annotate this CasePursuant to a plea agreement, Defendant pleaded guilty to possession of a machine gun. After a sentencing hearing, the district court imposed a thirty-six-month incarcerate sentence. Defendant appealed, alleging that the government violated the plea agreement by seeking an upward variance from the jointly-stipulated base offense level and that the district court abused its discretion in deviating from the guideline range in imposing his sentence. The First Circuit affirmed, holding (1) because the prosecutor adhered to the terms of the agreement with Defendant, there was no basis to vacate his sentence based on the alleged breach; and (2) the court’s imposition of a thirty-six-month sentence was not substantively unreasonable.
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