United States v. Ocasio-Cancel, No. 12-1103 (1st Cir. 2013)Annotate this Case
Pursuant to a nonbinding plea agreement, Defendant pleaded guilty to participating in a widespread drug-trafficking conspiracy. The district court sentenced Defendant to serve eighty-seven months in prison. Defendant appealed, contending (1) his guilty plea was neither knowing nor voluntary because he was unaware that the court intended to impose a consecutive sentence, and (2) the district court's sentencing methodology was flawed. The First Circuit Court of Appeals affirmed Defendant's conviction and sentence, holding (1) because the consecutive sentence was not a direct consequence of Defendant's guilty plea, Defendant did not need to be informed at the time of his plea that the court might impose a consecutive sentence; and (2) the district court did not procedurally err in the construction of Defendant's sentence.