Legal Opinion

United States v. Lozada-Aponte

Court of Appeals for the First Circuit

Decided August 24, 2012No. 10-2487PublishedCited by 41 opinions

1Opinion of the Court

HAWKINS, Circuit Judge.

Joseph Lozada-Aponte (“Lozada”) appeals the 46-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g) in connection with his shipping an assault rifle and pistol from Florida to Puerto Rico. We have jurisdiction under 28 U.S.C. § 1291 and, applying this court’s deferential abuse-of-diseretion standard of review, 1 affirm.

I. Upward Departure for Underrepresentation of Criminal History

In calculating the appropriate guideline sentencing range, the district court applied a two-category…

2Cases cited10 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. United States v. MartinsCourt of Appeals for the First Circuit · 2005
  4. United States v. Zapete-GarciaCourt of Appeals for the First Circuit · 2006
  5. United States v. PolitanoCourt of Appeals for the First Circuit · 2008

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3Cited by41 opinions

  1. United States v. Flores-MachicoteCourt of Appeals for the First Circuit · 2013
  2. United States v. Cortes-MedinaCourt of Appeals for the First Circuit · 2016
  3. United States v. Delgado-SanchezCourt of Appeals for the First Circuit · 2017
  4. United States v. Ocasio-CancelCourt of Appeals for the First Circuit · 2013
  5. United States v. Diaz-LugoCourt of Appeals for the First Circuit · 2020

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

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