United States v. Ubiles-Rosario, No. 16-1493 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed the judgment of the district court convicting Defendant of one count of carjacking by shooting and killing the victim and sentencing him to 365 months of imprisonment. Defendant pled guilty to the charge pursuant to a plea agreement. On appeal, Defendant argued that the government breached the plea agreement by “paying lip service to its obligation to recommend a sentence no higher than 300 months” and that the district court imposed a sentence that was both procedurally and substantively unreasonable. The First Circuit held (1) the government did not breach the plea agreement because it never explicitly or implicitly sought a sentence higher than 300 months; and (2) the sentence imposed by the district court was neither procedurally nor substantively unreasonable.