United States v. Pupo, No. 19-1505 (1st Cir. 2021)
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The First Circuit affirmed the judgment of the district court sentencing Defendant in connection with his plea of guilty to the federal crime of carjacking, 18 U.S.C. 2119, holding that the sentence was reasonable.
Prior to Defendant's guilty plea he entered into a plea agreement with the government stipulating a total offense level (TOL) but not a criminal history category (CHC). At sentencing, the district court calculated a higher TOL than the one in the plea agreement. Together with the court's CHC calculation, the calculated TOL resulted in a higher sentencing range than that set out in the plea agreement. The First Circuit affirmed the sentence, holding (1) the district court committed no procedural errors during sentencing; and (2) Defendant's sentence was substantively reasonable.
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