United States v. Nelson, No. 14-1262 (1st Cir. 2015)Annotate this Case
Defendant pleaded guilty to two counts of interference with commerce by threats or violence. In sentencing Defendant, the district court imposed an above-the-range sentence of 168 months in prison. Defendant appealed, arguing that the district court erred when it pronounced a sentence of 168 months “without adequately explaining the sentence or complying with [U.S.S.G.] 4A1.3(a)(4).” The First Circuit affirmed the judgment of the district court, holding that the upwardly variant sentence imposed on Defendant (1) was procedurally sound, as the district court did not intend to or in fact apply an upward departure under U.S.S.G. 4A1.3(a)(1); and (2) was substantively reasonable, as the sentence was rooted in the circumstances of the offense and Defendant’s characteristics.
The court issued a subsequent related opinion or order on July 29, 2015.