United States v. Cotto-Negron, No. 14-1670 (1st Cir. 2017)Annotate this Case
Appellant pled guilty to one count of committing a Hobbs Act robbery. The court sentenced Appellant to a prison term of 120 months. Appellant appealed, arguing that his sentence was procedurally unreasonable - because the court relied on clearly erroneous facts - and substantively unreasonable. The First Circuit vacated the sentence and remanded for resentencing, holding that the district court committed clear error when it insisted without factual support that Appellant was more culpable for the commission of the robbery than his co-defendants, and therefore, the sentence was procedurally unreasonable because it was premised on factual findings that were not supported by any evidence in the record.