United States v. Martinez-Benitez, No. 17-1393 (1st Cir. 2019)Annotate this Case
The First Circuit vacated Defendant’s sentence imposed in connection with his plea of guilty to possessing a firearm despite his status as a felon, holding that Defendant’s prior Puerto-Rico law conviction was not a “controlled substance offense” for federal-sentencing purposes.
After concluding that Defendant’s prior Puerto-Rico law conviction amounted to a “controlled substance offense” under the guidelines, the court increased Defendant’s base offense level and sentenced him to thirty-four months in prison. The First Circuit vacated the sentence and remanded for resentencing, holding that the government in this case failed to meet its burden of showing precisely what Defendant pled to with regard to his Puerto Rico drug offense, which required the Court to vacate his sentence and remand for resentencing.