United States v. Carrion-Melendez, No. 19-1815 (1st Cir. 2022)
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The First Circuit vacated Defendant's sentence of ninety months of imprisonment and three years of supervised release for his conviction for one count of possession of a firearm by a prohibited person in violation of 18 U.S.C. 922(g)(1), holding that the evidence did not support the application of a sentencing enhancement.
On appeal, Defendant argued that his sentence could not stand because it was predicated on the application of a four-level enhancement pursuant to U.S.S.G. 2K2.1(b)(6)(B) that the record did not support. Defendant argued that the district court erred in applying the enhancement, which was based on Defendant's possession of firearms "in connection with drug trafficking, a felony offense," because it improperly relied on a conclusory allegation that Defendant was working as an armed enforcer for a drug trade organization. The First Circuit vacated the sentence and remanded for resentencing, holding that the evidence did not support the sentencing enhancement's application.
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