United States v. Montanez-Quinones, No. 17-1577 (1st Cir. 2018)
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The Supreme Court affirmed Defendant’s 109-month sentence for possession of child pornography, holding that the government did not violate the plea agreement in this case and that the district court did not err in applying an enhancement for knowingly distributing child pornography.
Defendant entered a guilty plea to the charge of possession of child pornography. The district court sentenced Defendant to a 109-month term of immurement. On appeal, Defendant argued that the government breached the terms of the plea agreement by failing to advocate for the bargained-for sentence and that the district court’s finding that he knowingly distributed child pornography was in error. The First Circuit affirmed, holding (1) the district court did not err when it included a two-level enhancement for knowing distribution in its calculation of the guideline sentencing range; and (2) there was no breach of the plea agreement.
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