United States v. Tanco-Baez, No. 16-1322 (1st Cir. 2019)
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The First Circuit affirmed the convictions of Juan Taco-Baez (Tanco), Jose Cepeda-martinez (Cepeda), and Peter Rosario-Serrano (Rosario) with the exception of of Cepeda's conviction on one of the counts, affirmed Baez's sentence, but vacated and remanded Cepeda's sentence, holding that Cepeda's conviction for possession of firearms and ammunition by an unlawful user or addict of a controlled substance was not supported by sufficient evidence (Count One).
The three co-defendants in this case were indicted as co-defendants on several federal firearms charges. All three defendants challenged certain aspects of their convictions, and Tanco and Cepeda challenged their sentences for certain convictions. The First Circuit rejected each co-defendant's challenge to his conviction exception for Cepeda's challenge to his conviction on Count One, which the Court held was not supported by sufficient evidence. The Court then affirmed Tanco's sentence but vacated and remanded Cepeda's sentence, holding that procedural errors in sentencing were not harmless.
The court issued a subsequent related opinion or order on December 12, 2019.
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