United States v. Davila-Felix, No. 13-1225 (1st Cir. 2014)
Annotate this CaseAfter a jury trial, Appellant was convicted of robbing a bank using force and intimidation (Count One) and of carrying and brandishing and firearm to commit that robbery (Count Two). The district court imposed a mandatory life sentence for Count One and eighty-four months’ imprisonment for Count Two. The First Circuit found error in the sentence and remanded for resentencing. After a resentencing hearing at which the government presented additional evidence about Appellant’s prior offenses, the district court concluded that Appellant was a career offender and enhanced Appellant’s Guidelines sentence accordingly. Appellant was sentenced to a total of 420 months’ imprisonment. Appellant appealed his second sentence. The First Circuit affirmed, holding that the district court did not err by considering at resentencing additional evidence to support the career offender enhancement.
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