United States v. Cabrera

OPINION

KAREN NELSON MOORE, Circuit Judge.

A grand jury indicted Arnaldo Cabrera for being a felon in possession of a firearm after he procured a handgun for a confidential informant (“Cl”). Cabrera claimed that law-enforcement agents had doctored an audio-tape recording of that transaction. He advanced that theory in pretrial motions and in post-trial submissions to the district judge. Cabrera did not, however, testify in support of that theory. A jury found him guilty. At sentencing, the district judge announced that he was sentencing Cabrera to sixty-three months’ imprisonment — the top of…