United States v. Santiago-Burgos, No. 12-1897 (1st Cir. 2014)
Annotate this CasePursuant to a plea agreement, Appellant pled guilty to a drug conspiracy charge. On appeal, Appellant argued that the district court made a prejudicial error in its Sentencing Guideline calculation and improperly imposed his sentence consecutive to a sentence he received earlier as a result of a conviction tangentially related to the relevant drug conspiracy. The First Circuit Court of Appeals (1) vacated Appellant’s sentence, where the government conceded that the district court erred in its Guideline calculation; and (2) affirmed the district court’s decision to impose the sentence in this case consecutively to Appellant’s earlier sentence, holding (i) the waiver of appeal in Appellant’s plea agreement did not bar Appellant’s appeal, but (ii) the consecutive sentence was not improper. Remanded for resentencing.
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