United States v. Gierbolini-Rivera, No. 15-2076 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed Defendant’s sentence for wire fraud and theft in connection with health care, holding that Defendant’s upwardly variant sentence was both procedurally and substantively reasonable.
Defendant pled guilty to one count of theft in connection with health care and one count of wire fraud. The district court imposed an upwardly variant sentence of sixty months’ imprisonment on each count of conviction, to run concurrently and to be followed by three years of supervised release. The court also ordered Defendant to forfeit $394,300 and to pay $590,296 in restitution to the victim. The First Circuit affirmed, holding that Defendant’s sentence was neither procedurally unreasonable nor substantively unreasonable.