Legal Opinion

United States v. Fernandez-Cabrera

Court of Appeals for the First Circuit

Decided November 5, 2010No. 09-2655PublishedCited by 68 opinions

1Opinion of the Court

SELYA, Circuit Judge.

Defendant-appellant Henry FernándezCabrera pleaded guilty to one count of illegal reentry into the United States. Eschewing the parties’ joint recommendation for a sentence at the bottom of the guideline sentencing range (GSR), the district court sentenced the defendant to 33 months in prison. The defendant now mounts a challenge to both the district court’s failure to provide advance notice of its intention not to adopt the joint sentencing recommendation and the adequacy of the court’s explanation for its choice of sentence. Discerning no error, we affirm.

In considering…

2Cases cited21 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Burns v. United StatesSupreme Court of the United States · 1991
  4. Irizarry v. United StatesSupreme Court of the United States · 2008
  5. United States v. TeeterCourt of Appeals for the First Circuit · 2001

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

3Cited by68 opinions

  1. United States v. ClogstonCourt of Appeals for the First Circuit · 2011
  2. United States v. Ruiz-HuertasCourt of Appeals for the First Circuit · 2015
  3. United States v. Shepard-FraserCourt of Appeals for the First Circuit · 2015
  4. Ernst Zundel v. Eric Holder, Jr.Court of Appeals for the Sixth Circuit · 2012
  5. United States v. Almonte-NunezCourt of Appeals for the First Circuit · 2014

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

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