United States v. Tirado-Nieves, No. 18-2053 (1st Cir. 2020)
Annotate this Case
The First Circuit affirmed Defendant's sentence of eighty-six months' imprisonment after pleading guilty to two firearms counts, holding that the sentence was not procedurally unreasonable.
On appeal, Defendant argued that the district court (1) committed clear error by applying the four-point enhancement under Guidelines § 2K2.1(b)(6)(B); and (2) failed to provide the notice required by Rule 32(h) of the Federal Rules of Criminal Procedure before imposing a sentence that departed from the Guidelines. The First Circuit affirmed, holding (1) the district court did not err by applying the four-point enhancement; and (2) because the district court imposed a "variance," not a "departure," it did not violate Rule 32(h).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.