United States v. Rodriguez-Melendez, No. 14-2147 (1st Cir. 2016)
Annotate this CaseAppellant conceded that he violated the conditions of his release by committing an offense involving possession of a firearm. The district court imposed a sentence of thirty-six months’ imprisonment, which was six months more than the high end of the applicable Sentencing Guidelines range and twelve months more than the government’s recommendation. Appellant appealed, arguing that his sentence was both procedurally and substantively unreasonable. The First Circuit vacated the judgment of the district court, holding (1) in crafting Appellant’s sentence, the sentencing court cited and relied upon a fact that was demonstrably false; and (2) Appellant’s substantial rights were affected by the error. Remanded for resentencing.
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