United States v. Montalvo-Febus, No. 18-1901 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed Defendant's sentence of eighty-four months of imprisonment for attempted possession of child pornography, holding that the sentence was neither procedurally nor substantively unreasonable.
Defendant pleaded guilty to the offense of attempted possession of child pornography and admitted that he attempted to take photographs of a naked fourteen-year-old female victim. The district court sentenced Defendant to an upwardly variant sentence of eighty-four months' imprisonment, followed by ten years of supervised release. The First Circuit affirmed the sentence, holding (1) the district court did not commit procedural error by relying on the government's sentencing memorandum and by crediting the victim's statements; and (2) the facts of this case fully justified the sentence.