United States v. Ortiz-Torres, No. 15-2322 (1st Cir. 2017)Annotate this Case
Defendant challenged his 560-month sentence, entered pursuant to a guilty plea, for brandishing and discharging firearms during a crime of violence. On appeal, Defendant argued (1) the government breached the plea agreement by arguing at the sentencing hearing that Defendant “had not accepted responsibility”; and (2) his and his co-defendant’s sentences were “unduly disparate.” The First Circuit affirmed, holding (1) there was no breach of the plea agreement; and (2) Defendant’s 560-month sentence was not substantively unreasonable in light of his co-defendant’s 380-month sentence where Defendant was more culpable than his co-defendant.