United States v. Garay-Sierra, No. 15-1418 (1st Cir. 2016)
Annotate this CasePursuant to a plea agreement, Defendant pled guilty to carjacking and possessing a firearm. After a sentencing hearing, the judge imposed a within-guidelines prison sentence of seventy months for the carjacking crime and a consecutive prison sentence of eighty-four months for the firearm crime. Defendant appealed, challenging his sentence. The First Circuit affirmed Defendant sentence on the carjacking count, vacated his sentence on the firearm count, and remanded for resentencing, holding (1) there was no procedural error in Defendant’s carjacking sentence; and (2) because Defendant pled guilty to possessing a firearm rather than brandishing a firearm, the judge plainly erred in sentencing Defendant for brandishing a firearm.
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