United States v. Cortes-Maldonado, No. 18-1768 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the Defendant's sentence imposed in connection with his guilty plea to being a felon in possession of firearms and ammunition, holding that Defendant was not entitled to relief on his allegations of error.
The sentencing calculations and recommendations in Defendant's plea agreement were not binding on the district court. Defendant was advised as much at his change of plea hearing. On appeal, Defendant argued that his guilty plea was unknowing and involuntary because the district court did not inform him of the possibility of a stolen firearm enhancement and that the district court incorrectly calculated his criminal history category. The First Circuit affirmed, holding (1) there was no error in the district court's acceptance of the plea or in the district court's application of the stolen firearm enhancement; and (2) any error in the district court's calculation of Defendant's criminal history category was harmless.