United States v. Irizarry-Rosario, No. 17-1117 (1st Cir. 2018)
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The First Circuit affirmed the judgment of the district court sentencing Defendant to eighty-four months’ incarceration for possessing firearms in furtherance of a drug trafficking crime, holding that the government did not breach its plea agreement with Defendant.
Pursuant to a plea agreement, Defendant pleaded guilty to charges of possessing firearms in furtherance of a drug trafficking crime and possession of cocaine with intent to distribute. After a hearing, the district court sentenced Defendant to eighty-four months of imprisonment as to Count I and twelve months as to Count II, to be served consecutively. Defendant appealed, arguing that the government breached the plea agreement by tacitly arguing that the agreed-upon sixty-month sentence for his weapons charge was too low. The First Circuit disagreed, holding that where the government stated its recommendation on the weapons charge without any reservation, there was no breach.
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