United States v. Montes-Fosse, No. 15-1779 (1st Cir. 2016)
Annotate this CaseA U.S. Postal Service worker was delivering mail in Mayagüez, Puerto Rico in her USPS vehicle when Soto approached. With a gun in hand, Soto demanded that the victim give him the packages in her vehicle. Soto took two or three of the packages and fled the scene on foot. Montes would later acknowledge having "taken [Soto] earlier the day to the place where the robbery occurred for the purpose of committing that robbery." After the robbery, a witness at the housing project where both men lived overheard them discussing the crime. Montes and Soto were arrested. Montes pled guilty to aiding and abetting the robbery of a USPS employee, 18 U.S.C. 2114(a) and 2, and Soto to aiding and abetting the carrying, using, and brandishing of a firearm during and in relation to a crime of violence, 18 U.S.C. 924(c)(1)(A)(ii) and 2. The district court applied a five-level weapon enhancement and rejected the parties' joint recommendation for a two-level minor role reduction. Based on a total offense level of 24 and a criminal history of I, Montes had a Guidelines range of 51 to 63 months and was sentenced to 51 months' imprisonment. The First Circuit affirmed the sentence.
The court issued a subsequent related opinion or order on June 15, 2016.
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