United States v. Mercado-Flores, No. 15-1859 (1st Cir. 2017)Annotate this Case
The First Circuit vacated the order of the district court vacating a sentence originally imposed upon Defendant. After sentencing Defendant to a fifty-seven-month term of immurement for violating 18 U.S. 2421(a), the court, acting sua sponte, concluded that section 2421(a) “does not apply to a purely intrastate criminal act committed within the Commonwealth of Puerto Rico” and dismissed the case. The government appealed, challenging the district court’s vacation of the earlier sentence. The First Circuit vacated the order voiding the sentence and dismissing the original case and ordered that the sentence be reinstated by the district court, holding that the district court lacked jurisdiction to revisit Defendant’s sentence more than three weeks after its imposition.