United States v. Morales-Cortijo, No. 19-1523 (1st Cir. 2023)
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The First Circuit affirmed Defendant's conviction and sentence, holding that Defendant's arguments on appeal did not meet the exacting plain error standard.
Defendant pleaded guilty to using a firearm during a carjacking, a crime of violence, in violation of 18 U.S.C. 2, 924(c)(1)(A)(ii). The district court imposed a sentence of 108 months in prison, twenty-four months longer that the Guidelines recommendation, and a special condition upon his release requiring him to receive psychotherapy services. On appeal, Defendant argued for the first time that his sentence was procedurally unreasonable and that the sentencing judge erred by delegating to the probation department the authority to have the final say about when his mandated therapy was completed. The First Circuit affirmed, holding (1) Defendant was not entitled to relief on his argument that faulty fact-finding made his upwardly variant sentence procedurally unreasonable; and (2) Defendant did not show any plain error on the part of the district court in imposing the therapy condition.
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