United States v. Nunez, No. 15-2412 (1st Cir. 2017)Annotate this Case
Appellant pleaded guilty to a single count of being a felon in possession of a firearm. The sentencing court, ruling on the basis of circumstantial evidence, attributed constructive possession of six Molotov cocktails to Appellant. That finding increased Appellant’s guideline sentencing range and contributed to his eighty-two-month sentence. Appellant appealed, challenging the constructive possession finding. The First Circuit affirmed, holding that although the evidence of constructive possession was circumstantial, it was convincing, and the district court’s inferences from that evidence were plausible. Therefore, the sentencing court did not clearly err in finding that Appellant constructively possessed the six Molotov cocktails.
The court issued a subsequent related opinion or order on June 5, 2017.