United States v. Del Valle-Rodriguez, No. 13-1858 (1st Cir. 2014)
Annotate this CaseDefendant appealed his sentence after pleading guilty to taking a motor vehicle by force, violence, and intimidation with the intent to cause death or serious bodily harm. The court concluded that defendant's upward variance did not violate Tapia v. United States where the district court provided a sufficient explanation for the variant sentence. In particular, the district court considered the especially high risk of future criminal activity, the concomitant need to protect the public, and defendant's unusual penchant for failing to comply with safeguards imposed by the judicial system. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on August 6, 2014.
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