United States v. Gallardo-Ortiz, No. 08-2292 (1st Cir. 2012)Annotate this Case
Defendant pled guilty to two counts involving unlawful possession of ammunition and a firearm, a Glock Model 27, which is .40 caliber handgun capable of operating as a fully automatic machine gun (18 U.S.C. 922(g)(1), 922(o); 18 U.S.C. 921(23)). The parties recommended a sentence of 33 months of incarceration. After considering the statutory sentencing factors, 18 U.S.C. 3553(a), the court imposed a 60-month sentence, 19 months beyond the top of the guidelines sentencing range of 33-41 months, and three years of supervised release. The First Circuit affirmed. finding no substantive or procedural error.