United States v. Severino-Pacheco, No. 17-1806 (1st Cir. 2018)
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The First Circuit affirmed Appellant’s sentence of forty months for illegal possession of a machine gun, holding that there was no reversible error or abuse of discretion in the district court’s decision.
After Appellant pled guilty to the offense, the district court calculated a Sentencing Guidelines range of twenty-four to thirty months. Ultimately, the district court imposed an above-Guidelines sentence of forty months. On appeal, Appellant argued that the district court erroneously relied on disputed facts and abused its discretion in imposing an above-Guidelines sentence. The First Circuit disagreed, holding (1) the district court did not err in adopting the facts as stated in the presentence report; and (2) the district court acted well within its discretion in imposing a forty-month sentence on Appellant.
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