United States v. Aponte-Vellon, No. 13-1302 (1st Cir. 2014)Annotate this Case
Appellant pled guilty to robbery and brandishing a firearm during a robbery and was sentenced to prison sentences of seventy-two months and eighty-four months, to be served consecutively. Following the imposition of sentence, Appellant argued that the district court improperly departed upward from the applicable Guidelines sentencing range. The district court’s responded that the sentence was not a departure, but rather, the sentence was a variance. Appellant raised the same argument on appeal. The First Circuit affirmed, holding that Appellant received a sentence that in fact varied from the applicable Guidelines range, rather than an upward departure under the Guideliens, and there was no plain error in the variance.