United States v. Espinoza-Roque, No. 20-1214 (1st Cir. 2022)
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The Supreme Court vacated the forty-six-month sentence Defendant received after pleading guilty to various firearm offenses, holding that the district court erred in finding that Defendant was an unlawful drug user at the time of his offenses.
Defendant was charged with dealing firearms without a license and illegally possessing a machine gun in violation of 18 U.S.C. 922(a)(1)(A) and 922(o). In sentencing Defendant, the district court classified Defendant as an unlawful user of marijuana at the time of his offenses, thus applying U.S.S.G. 2K2.1(a)(4)(B)'s "prohibited person" enhancement. The Supreme Court reversed and remanded for resentencing, holding that the government did not meet its burden of proving qualifying drug use.
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