United States v. Rivera, No. 21-1531 (1st Cir. 2022)
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The First Circuit affirmed Defendant's sentence imposed in connection with his plea of guilty to conspiracy to commit Hobbs Act robbery in violation of 18 U.S.C. 1951(a), holding that there was no plain error in the district court's application of a four-level role-in-the-offense enhancement.
This case arose from a home invasion and robbery committed by Defendant and four co-conspirators. After Defendant pleaded guilty the district court sentenced him to a ninety-seven months' term of immurement. On appeal, Defendant argued that the district court erred in applying the upward role-in-the-offense adjustments. The First Circuit affirmed, holding that the sentencing court did not commit plain error when it determined that Defendant operated as an organizer of the enterprise.
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