United States v. Cadden, No. 21-1602 (1st Cir. 2022)
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The First Circuit affirmed Defendant's conviction of fifty-seven counts under the federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961 et seq.; the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq.; and the federal mail fraud statute, 18 U.S.C. 1341, holding that there was no error or abuse of discretion in the proceedings below.
After Defendant was initially sentenced, the First Circuit vacated the sentence and remanded the case for further proceedings regarding two enhancements at issue on appeal, which were set out in U.S.S.G. 2B1.1(b)(16)(A) and U.S.S.G. 3A1.1(b). On remand, the same sentencing judge resentenced Defendant to a 174 months in prison, determining that both the conscious or reckless risk enhancement and the vulnerable victims enhancement applied to Defendant. The First Circuit affirmed, holding (1) the district court did not err in applying the two enhancements when determining Defendant's base offense level; and (2) Defendant's remaining claims of error were unavailing.
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