United States v. Lozada-Aponte, No. 10-2487 (1st Cir. 2012)
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Defendant appealed the forty-six-month sentence imposed following his guilty plea conviction for being a felon in possession of a firearm in connection with his shipping an assault rifle and pistol from Florida to Puerto Rico. The First Circuit Court of Appeals affirmed, holding that the district court did not abuse its discretion in imposing the sentence, where (1) the district court's application of an upward departure was reasonable; (2) the district court did not abuse its discretion in choosing how far to enhance the sentence; and (3) the district court did not fail to balance the relevant mitigating factors.
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