United States v. Nieves-Borrero, No. 15-2154 (1st Cir. 2017)Annotate this Case
Appellant challenged the seventy-month prison sentence he received after pleading guilty in federal district court, pursuant to a plea agreement, to aiding and abetting a convicted felon in the possession of a firearm. The First Circuit affirmed, holding (1) Appellant failed to demonstrate that plain error occurred in the classification of his prior convictions as convictions that trigger the application of U.S.S.G. 2K2.1(a)(1)(B); and (2) no plain error occurred in the district court’s consideration of the mitigating factors under 18 U.S.C. 3553(a).