United States v. Cirilo, No. 14-1793 (1st Cir. 2015)
Annotate this CasePursuant to a plea agreement, Defendant was convicted of one count of unlawful possession of a firearm. At the sentencing hearing, the district court adopted the recommendation of the presentence report, which was based on a different guidelines calculation than that in the plea agreement, and imposed a sixty-month term of imprisonment. Defendant’s primary argument on appeal was that the district court erred by relying on disputed facts in the presentence report to calculate the advisory sentencing range under the Sentencing Guidelines. The First Circuit affirmed, holding (1) the district court did not err in relying on the presentence report’s facts, as Defendant did not say anything to challenge the substance of the factual allegations contained in the report; and (2) the district court’s factual determinations were not clearly erroneous.
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