United States v. Gonzalez-Andino, No. 18-2155 (1st Cir. 2023)
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The First Circuit affirmed Defendant's sentence of seventy-eight months in prison in connection with his plea of guilty to possession with intent to distribute marijuana and possession of firearms in furtherance of drug trafficking crime, holding that the district court committed no plain sentencing error.
At issue on appeal was the discrepancy between the drug quantities specified in the plan agreement and the presentence report (PSR). While the sentence fell within the Guidelines range calculated in the PSR, it exceeded the sentencing cap provided in the agreement, and therefore, the appeal-waiver provision did not vest. The First Circuit affirmed, holding that the district court's imputation of all the drugs found in an apartment to Defendant did not constitute clear error, and there was no clear error in the district court's drug-attribution finding.
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