United States v. Mendez-Baez, No. 18-1732 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the sentence imposed by the district court in connection with Defendant's conviction of being a felon in possession of a firearm and ammunition, holding that the sentence was neither procedurally nor substantively unreasonable.
The district court sentenced Defendant to an incarcerate sentence of sixty months, nineteen months above the upper end of the advisory guidelines sentencing range. On appeal, Defendant argued that the sentence (1) was procedurally unreasonable because the district court failed to consider all of the 18 U.S.C. 3553(a) factors, and (2) was substantively unreasonable because it was too harsh. The First Circuit court affirmed, holding (1) there was no clear or obvious error in the sentencing court's explication of the factors that it considered; and (2) Defendant failed to show that the sentencing court abused its discretion in imposing an upwardly variant sentence.