United States v. Diaz-Lugo, No. 19-1284 (1st Cir. 2020)
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The First Circuit affirmed Defendant's upwardly variant sixty-month sentence imposed in connection with Defendant's plea of guilty to being a prohibited person in possession of firearms and ammunition and being in possession of a machine gun, holding that the sentence was both procedurally and substantively unreasonable.
Specifically, the First Circuit held (1) as to Defendant's claims of procedural error, the sentencing court did not abuse its discretion by failing to vary downward on account of Defendant's cooperation, the court's passing reference to Defendant's past arrest for a drug charge played no role in the sentencing calculus, and the court did not err by imposing an above-the-range sentence even where Defendant accepted responsibility; and (2) the sixty-month sentence was substantively reasonable.
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