United States v. Melendez-Rivera, No. 13-2136 (1st Cir. 2015)
Annotate this CaseAppellant entered a guilty plea to conspiracy to import over five kilograms of cocaine into the United States and conspiracy to distribute over five kilograms of cocaine. The sentencing court imposed a bottom-of-the-range term of immurement of 188 months. The First Circuit affirmed in part and vacated in part, holding (1) the sentencing court did not err in rejecting Appellant’s request for a mitigating role adjustment; but (2) the sentencing court erred in holding that it lacked discretion to grant an additional one-level adjustment for acceptance of responsibility absent a government motion, as once Appellant claimed that the government withheld its motion for an improper reason, Appellant was entitled to have the district court resolve this point. Remanded for a new sentencing hearing.
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