United States v. Rivera-Berrios, No. 17-1212 (1st Cir. 2018)Annotate this Case
At issue was whether a sentencing court may assess criminal history points for a prison sentence imposed following revocation of probation when the revocation-triggering conduct also constitutes the gravamen of the federal offense of conviction.
In 2013, Defendant was convicted in a Puerto Rico court of aggravated illegal appropriation and illegal possession of a firearm. Defendant was sentenced to two consecutive three-year terms of probation. In 2016, a federal grand jury charged Appellant with being a felon in possession of firearms and ammunition. Appellant pleaded guilty. Before Appellant’s federal sentencing, a Puerto Rico court revoked Appellant’s terms of probation for the 2013 offenses and sentenced him instead to two consecutive three-year prison terms. The revocation was triggered by the same unlawful weapons possession that formed the basis of Appellant’s federal conviction. The district court factored the revocation sentence into Appellant’s criminal history score and proceeded to impose an upwardly variant sentence of forty-eight months’ imprisonment to be served consecutively to the revocation sentence. The First Circuit affirmed, holding that Appellant’s sentence was both procedurally and substantively reasonable.