United States v. Marrero-Perez, No. 17-1346 (1st Cir. 2019)Annotate this Case
The First Circuit vacated Defendant’s sentence and remanded this matter for resentencing, holding that no weight should be given in sentencing to arrests listed in the presentence report (PSR) that did not result in convictions or were not buttressed by independent proof of conduct.
Defendant pleaded guilty to two counts of possessing a firearm while prohibited from doing so because of a prior felony conviction and his fugitive status. The district court imposed a variant sentence of seventy-two months. On appeal, Defendant challenged the judge’s possible reliance on arrests not resulting in convictions in his upward variance. The First Circuit vacated the sentence, holding that Defendant made a strong enough case that the sentencing judge relied on such arrests in determining his sentence and remand was required.