United States v. Millan-Isaac, No. 12-1769 (1st Cir. 2014)
Annotate this CaseDefendants, Jose Cabezudo-Kuilan (Cabezudo) and Heriberto Millan-Isaac (Millan), pleaded guilty to aiding and abetting a robbery and possessing a firearm during a crime of violence. The district court first sentenced Millan to 180 months in prison and then sentenced Cabezudo to 114 months in prison. After sentencing Cabezudo, however, the sentencing judge sua sponte decreased Millan’s sentence to 120 months in prison. Defendants challenged their sentences on appeal. The First Circuit Court of Appeals remanded for resentencing, holding that the district court plainly erred in sentencing both Appellants, where (1) the district court sentenced Cabezudo without calculating the applicable Guidelines Sentencing Range; and (2) the district court sentenced Millan without providing him with notice and an opportunity to rebut the facts that formed the basis of his sentence.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.