United States v. Flores-Machicote, No. 11-2243 (1st Cir. 2013)
Annotate this CaseDefendant pleaded guilty to a single count of possessing a firearm as a convicted felon. The district court sentenced Defendant to five years in prison. The sentence was well above the top of the applicable guideline sentencing range. Defendant appealed, contending that the district court did not make an individualized assessment of the relevant sentencing factors but, rather, relied on impermissible considerations. The First Circuit Court of Appeals affirmed Defendant's sentence, holding (1) the district judge gave individualized attention to Defendant's situation; (2) it is permissible for a sentencing court to consider the incidence and trend lines of particular types of crime in the affected community, and the assignment of appreciable weight to the need for deterrence in this case was a reasonable choice; (3) Defendant's claim of unwarranted sentencing disparity failed; and (4) under the circumstances, Defendant's sentence was substantively reasonable.
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