United States v. Rios-Hernandez, No. 09-2546 (1st Cir. 2011)
Annotate this CaseThe defendant entered a plea of guilty to charges of taking a motor vehicle, by force and with intent to cause death or serious bodily harm, (18 U.S.C. 2119) in exchange for an agreement that the prosecutor recommend sentencing at the lower end of the guidelines range. The agreement did not stipulate to a criminal history category, but did outline sentencing exposure and provided estimated ranges for criminal categories one through six. The presentencing report classified defendant as a career criminal, based on two prior violent felonies. The court imposed a sentence of 120 months incarceration and five years of supervision. The First Circuit affirmed. Although the defendant waived appeal, the court considered the case because the district court failed to sentence him according to the agreed upon recommendation. Defendant's argument that that the career offender classification was not meant to be triggered by convictions involving consensual mutual combat between individuals who chose this as their lifestyle amounted to acquiescence in the court's classification of the convictions and reliance on the sentencing report.
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