United States v. Torres-Figueroa, No. 16-1205 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed Defendant’s sentence of sixty months’ imprisonment.
After a jury trial, Defendant was convicted of possession with intent to distribute marijuana and possession with intent to distribute cocaine. The district court made a guidelines calculation that, in accordance with the pre-sentence investigation report, yielded a recommended sentencing range of twelve to eighteen months’ imprisonment. The court then imposed a variant sentence of sixty months’ imprisonment, basing forty-two months on Defendant’s firearms-related conduct. The First Circuit affirmed, holding that there was no clear or obvious error in the district court’s decision not to apply a two-level firearms enhancement and to impose a variant sentence of sixty months.
The court issued a subsequent related opinion or order on July 5, 2017.