United States v. Pacheco, No. 16-1690 (1st Cir. 2019)Annotate this Case
The First Circuit dismissed without prejudice Appellant's appeal arguing that his firearms conviction and sentence violated double jeopardy protections, holding that the record as presented did not permit evaluation of Appellant's double jeopardy claim.
Appellant pled guilty to conspiracy under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1962(d), and to using or carrying a firearm during and in relation to a drug trafficking crime. On appeal, Appellant argued that his firearms conviction and sentence violated the Fifth Amendment's guarantee against double jeopardy because the conviction and sentence duplicated his prior conviction and sentence for a firearms offense under Puerto Rico law. The First Circuit dismissed the appeal because the record contained only the untranslated, Spanish-language judicial documentation of the Puerto Rico firearms convictions, which is inadequate by terms of the Jones Act, 48 U.S.C. 864. The Court, however, dismissed the appeal without prejudice to Appellant's right to raise his double jeopardy claim on the basis of translated records in future, collateral-review proceedings.