United States v. Miranda-Carmona, No. 19-1622 (1st Cir. 2021)
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The First Circuit affirmed Defendant's prison sentence for possessing with intent to distribute cocaine base, in violation of 21 U.S.C. 841(a), holding that Defendant invited any error in regards to his challenge to the determination of his criminal history category.
Pursuant to a plea agreement, Defendant pled guilty to possessing with intent to distribute cocaine base. At the sentencing hearing, the district court acknowledged that the parties recommended a statutory minimum sentence of sixty months' imprisonment. The district court proceeded to impose an eighty-four-month prison sentence to be followed by five years of supervised release. On appeal, Defendant argued that the district court erred in applying the "intervening arrest" rule in section 4A1.2(a)(2) of the United States Sentencing Guidelines when determining his criminal history. The First Circuit affirmed, holding that, through his counsel, Defendant invited any error in that respect.
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