United States v. Medina-Villegas, No. 11-2076 (1st Cir. 2012)Annotate this Case
A jury convicted Appellant on nine counts growing out of a conspiracy to commit armed robbery and the unlawful killing of a guard during a robbery. In an earlier multi-defendant appeal, the First Circuit Court of Appeals affirmed Appellant's convictions and sentences on eight of the nine counts. As to the remaining count, however, the First Circuit affirmed Appellant's conviction but vacated his sentence in order to afford him an opportunity to allocute. At resentencing on that count, the district court heard Appellant's allocution and proceeded to reinstate the original sentence of life imprisonment without the possibility of release. On appeal, the First Circuit affirmed, holding (1) the district court's failure to fully explain its reason for imposing its sentence on count eight was not plain error, and Appellant's sentence on count eight was substantively reasonable; and (2) Appellant's conviction and sentence on count nine did not violate the Double Jeopardy Clause.