Legal Opinion
United States v. Melendez-Rivera
Court of Appeals for the First Circuit
Decided April 1, 2015No. 13-2136PublishedCited by 20 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This sentencing appeal hinges on two claims of error. One is hopeless, but the other requires us to answer a question about whether an additional one-level downward adjustment for acceptance of responsibility, see USSG § 3El.l(b), sometimes may be available without a government motion. Concluding that the answer to this question is affirmative, we remand for resentencing.
Because this appeal follows a guilty plea, we glean the relevant facts from the change-of-plea colloquy, the unchallenged portions of the presentence investigation report (PSI Report), and the transcript…
2Cases cited16 opinions
- Stinson v. United StatesSupreme Court of the United States · 1993
- Wade v. United StatesSupreme Court of the United States · 1992
- United States v. William A. DietzCourt of Appeals for the First Circuit · 1991
- United States v. Gilberto Ocasio, A/K/A Gilberto Ocasio AgostoCourt of Appeals for the First Circuit · 1990
- United States v. GracianiCourt of Appeals for the First Circuit · 1995
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United States v. Rivera-MoralesCourt of Appeals for the First Circuit · 2020
- United States v. Soto-RiveraCourt of Appeals for the First Circuit · 2016
- United States v. PérezCourt of Appeals for the First Circuit · 2016
- United States v. Arias-MercedesCourt of Appeals for the First Circuit · 2018
- United States v. De-La-Cruz-GutierrezCourt of Appeals for the First Circuit · 2018
15 more not listed; retrieve them via the Exa API.