United States v. Murphy-Cordero, No. 12-1477 (1st Cir. 2013)
Annotate this CasePursuant to a non-binding plea agreement, Defendant pled guilty to a charge of conspiracy with intent to distribute controlled substances. The district court imposed a 210-month incarcerative sentence after applying a sentencing enhancement for possession of a dangerous weapon during and in the course of the crime of conviction and construing the guideline sentencing range accordingly. The First Circuit Court of Appeals affirmed Defendant's sentence, holding (1) the district court's rejection of the sentencing recommendation vitiated Defendant's waiver of appeal in its entirety, and therefore, this appeal was not circumscribed; (2) the dangerous weapons enhancement was adequately grounded in the record; and (3) the sentencing court considered the relevant 18 U.S.C. 3553(a) factors and adequately explained the sentence.
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