Legal Opinion
United States v. Nuñez
Court of Appeals for the First Circuit
Decided March 29, 2017No. 15-2412PublishedCited by 31 opinions
1Opinion of the Court
SELYA, Circuit Judge.
The sentencing court — ruling on the basis of circumstantial evidence — attributed constructive possession of six Molotov cocktails to defendant-appellant Oscar Núñez. That finding fueled a substantial increase in the appellant’s guideline sentencing range (GSR) and contributed materially to his 82-month sentence. The appellant now argues that the constructive possession finding was woven entirely out of wispy strands of speculation and surmise and that, as a result, his sentence should be vacated.
We agree with the appellant that the government offered no direct evidence…
2Cases cited26 opinions
- Oliver v. United StatesSupreme Court of the United States · 1984
- Florida v. JardinesSupreme Court of the United States · 2013
- Molina-Martinez v. United StatesSupreme Court of the United States · 2016
- Wilma Cumpiano A/K/A Wilma Cumpiano Sanchez v. Banco Santander Puerto RicoCourt of Appeals for the First Circuit · 1990
- United States v. MartinCourt of Appeals for the First Circuit · 2008
21 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- United States v. Flete-GarciaCourt of Appeals for the First Circuit · 2019
- United States v. Colon-CorderoCourt of Appeals for the First Circuit · 2024
- United States v. Almonte-BaezCourt of Appeals for the First Circuit · 2017
- United States v. Carbajal-VáldezCourt of Appeals for the First Circuit · 2017
- United States v. Montañez-QuiñonesCourt of Appeals for the First Circuit · 2018
26 more not listed; retrieve them via the Exa API.