United States v. Rivera-Santiago, No. 17-1763 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the judgment of the district court sentencing Defendant to forty-eight months in prison for unlawfully possessing a firearm, holding that Defendant's variant sentence was not procedurally unreasonable.
The guideline range specified by the presentence report was thirty to thirty-seven months. The district court ultimately imposed a forty-eight-month variant sentence. On appeal, Defendant argued that the district court failed adequately to explain its reasons for imposing an above-guideline sentence, that a variant sentence was not supported by the record, and that the district court relied on erroneous facts. The First Circuit affirmed, holding (1) the district court offered a plausible and coherent rationale for its eleven-month variance; and (2) the district court did not rely on erroneous facts in imposing Defendant's sentence.