United States v. Bruno-Campos, No. 18-2010 (1st Cir. 2020)
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The First Circuit affirmed the judgment of the district court sentencing Defendant to an upwardly variant sixty-month term of immurement for illegal possession of a machine gun, holding that Defendant's sentence was neither procedurally nor substantively unreasonable.
Specifically, the First Circuit held (1) the sentencing court specifically articulated why it believed that Defendant's situation was sufficiently distinctive to warrant a variance; (2) Defendant was not prejudiced when the prosecutor made a gratuitous conjecture without basis in the record; and (3) the relatively modest variance as well within the ambit of the court's discretion.
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