United States v. Ortiz-Mercado, No. 17-1383 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed Defendant's sentence of seventy-one months' incarceration plus three years of supervised release in connection with his conviction for one count of possession of a firearm by a convicted felon, holding that the sentence was neither procedurally nor substantively unreasonable.
Defendant pleaded guilty to the offense without a plea agreement. The district court accepted the straight plea. The district court determined that a sentence at the higher end of the guideline range was sufficient, but not greater than necessary, and imposed the seventy-one-month incarcerate term and three years of supervised release. On appeal, Defendant asserted procedural and substantive error. The First Circuit affirmed, holding that there was no reversible procedural error in sentencing, and Defendant's claim of substantive error in his sentencing similarly failed.