United States v. Benitez-Beltran, No. 17-1161 (1st Cir. 2018)
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The First Circuit affirmed the 120-month sentence Defendant received after pleading guilty to being a prohibited person in possession of a firearm, holding that the sentence was neither procedurally nor substantively unreasonable.
Specifically, the First Circuit held (1) the district court did not err by classifying Defendant’s prior conviction for attempted murder under Puerto Rico law as an enumerated “crime of violence” that triggers an increase in his base offense level pursuant to the United States Sentencing Guidelines; (2) the district court’s upward variance from Defendant’s advisory sentencing range under the guidelines was procedurally sound, and Defendant’s remaining procedural challenges failed; and (3) Defendant’s sentence was substantively reasonable.
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