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Legal Opinion

United States v. Rivera-Berrios

Court of Appeals for the First Circuit

Decided August 24, 2018No. 17-1212PPublishedCited by 18 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This appeal presents a question of first impression in this circuit: may a sentencing court assess criminal history points for a prison sentence imposed following revocation of probation when the revocation-triggering conduct also constitutes the gravamen of the federal offense of conviction? Concluding, as we do, that the court below correctly factored the revocation sentence into the appellant's criminal history score and proceeded to fashion a substantively reasonable sentence for the offense of conviction, we affirm.

I. BACKGROUND

Because this appeal follows in the wake…

2Cases cited34 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Stinson v. United StatesSupreme Court of the United States · 1993
  3. Johnson v. United StatesSupreme Court of the United States · 2000
  4. United States v. MartinCourt of Appeals for the First Circuit · 2008
  5. United States v. Flores-MachicoteCourt of Appeals for the First Circuit · 2013

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3Cited by18 opinions

  1. United States v. Padilla-GalarzaCourt of Appeals for the First Circuit · 2021
  2. United States v. Viloria-SepulvedaCourt of Appeals for the First Circuit · 2019
  3. United States v. Garcia-CartagenaCourt of Appeals for the First Circuit · 2020
  4. United States v. Rijos-RiveraCourt of Appeals for the First Circuit · 2022
  5. United States v. HeindenstromCourt of Appeals for the First Circuit · 2019

13 more not listed; retrieve them via the Exa API.

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