United States v. Milan-Rodriguez, No. 15-1233 (1st Cir. 2016)
Annotate this CasePursuant to a plea agreement, Defendant was convicted of one count of conspiring to distribute cocaine and one count of possessing a firearm while being an unlawful user of a controlled substance. Defendant was sentenced to two concurrent 168-month prison sentences for his convictions. The First Circuit affirmed the sentence for the drug conspiracy count but vacated the sentence for the firearm count, holding (1) the plea agreement’s waiver-of-appeal provision does not bar appellate consideration of Defendant’s challenges to his sentence; (2) the sentence Defendant received on the drug conspiracy conviction was not unreasonable; but (3) the sentence for the firearm count must be vacated because it exceeds the statutory maximum penalty for that count. Remanded.
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