United States v. Orsini, No. 17-2042 (1st Cir. 2018)
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The First Circuit affirmed Defendant’s sentence to a 188-month term of immurement, holding that Defendant waived his “career offender” argument and made no showing sufficient to excuse that waiver.
Defendant pleaded guilty to a single count of conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and detectable quantities of cocaine hydrochloride and fentanyl. During sentencing, Defendant repeatedly agreed that he should be sentenced as a career offender. The district court found Defendant to be a career offender and imposed a bottom-of-the-range term of immurement. Defendant appealed, assigning error to the district court’s treatment of him as a career offender. The First Circuit affirmed, holding that the equities preponderated heavily in favor of enforcing Defendant’s waiver of his argument against career offender status.
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