Legal Opinion
United States v. Montero-Montero
Court of Appeals for the First Circuit
Decided March 23, 2016No. 15-1405PPublishedCited by 46 opinions
1Opinion of the Court
SELYA, Circuit Judge.
In this sentencing appeal, the appellant claims both that his sentence is procedurally infirm (because the district court failed adequately to explain its sharp upward variance) and that it is substantively unreasonable (because the district court did not articulate a plausible rationale sufficient to make the length of the sentence defensible). For present purposes, these claims are two sides of the same coin. After careful consideration, we conclude that the district court’s utter failure to explain its sharp upward variance requires vacation of the sentence.
A detailed…
2Cases cited14 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- United States v. DuarteCourt of Appeals for the First Circuit · 2001
- United States v. MartinCourt of Appeals for the First Circuit · 2008
- United States v. Lavell DeanCourt of Appeals for the Seventh Circuit · 2005
- United States v. Ofray-CamposCourt of Appeals for the First Circuit · 2008
9 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- United States v. Soto-SotoCourt of Appeals for the First Circuit · 2017
- United States v. Rivera-BerriosCourt of Appeals for the First Circuit · 2020
- United States v. Bermúdez-MeléndezCourt of Appeals for the First Circuit · 2016
- United States v. Colon-CorderoCourt of Appeals for the First Circuit · 2024
- United States v. Tanco-PizarroCourt of Appeals for the First Circuit · 2018
41 more not listed; retrieve them via the Exa API.