United States v. Hernandez-Ramos, No. 17-1779 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed Defendant’s sentence of sixty months in prison following his guilty plea to being a felon in possession of a firearm and unlawfully possessing a machine gun, holding that there was no error in the proceedings below.
After entered his guilty plea, the district court varied upward and sentenced Defendant to sixty months in prison to be followed by three years of supervised release. The presentence report stipulated a guidelines imprisonment range of thirty to thirty-seven months. On appeal, Defendant claimed that the variant sentence was excessive and thus substantively unreasonable. The First Circuit disagreed, holding that, given Defendant’s offense conduct and his criminal history, the sentence imposed was substantively reasonable and that the variance was lawfully imposed and adequately explained.