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First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing

Loaded on June 15, 2023 by Douglas Ankney published in Criminal Legal News July, 2023, page 35
Filed under: U.S. Sentencing Guidelines, Grounds for Variance, Grounds for Relief. Location: Puerto Rico.

by Douglas Ankney

The U.S. Court of Appeals for the First Circuit found plain error where the U.S. District Court for the District of Puerto Rico based an upward variance from the Guidelines range on new information not already in the record at the time of sentencing.

In 2011, Angel ...

 

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