United States v. Acevedo-Sueros, No. 14-1732 (1st Cir. 2016)
Annotate this CaseDefendant pleaded guilty to four felony counts related to a conspiracy to import more than 13,000 kilograms of cocaine. The sentencing court ultimately sentenced Defendant to concurrent prison terms of 151 months for each of the four counts. The sentence was at the low end of the guidelines sentencing range given a Total Offense Level (TOL) of 34 and Criminal History Category I. Defendant appealed, asserting that the district court should have given an additional one-level reduction in his offense level pursuant to U.S.S.G. 3E1.1(b). The First Circuit affirmed, holding (1) the sentencing court did not err in its determining that the proper TOL was 34; and (2) Defendant’s substantial rights were not affected by the sentencing court’s alleged failure to satisfy Fed. R. Crim. P. 32(i)(1)(A).
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