Legal Opinion
United States v. Nieves-Mercado
Court of Appeals for the First Circuit
Decided January 30, 2017No. 15-1627PPublishedCited by 16 opinions
1Opinion of the Court
KAYATTA, Circuit Judge.
The district court sentenced defendant Joshua Nieves-Mercado (“Nieves”) to 60 months’ imprisonment, a term that exceeded by 9 months the top of the guidelines sentencing range and by 14 months the government’s recommendation pursuant to a plea agreement. Nieves appeals, arguing that the court abused its discretion by considering unreliable evidence, by varying upward based on information already factored into the guidelines sentencing range, and by ignoring “the significant mitigating factor” of his youth. According to Nieves, these errors rendered his sentence…
2Cases cited16 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- United States v. MartinCourt of Appeals for the First Circuit · 2008
- United States v. ClogstonCourt of Appeals for the First Circuit · 2011
- United States v. LeahyCourt of Appeals for the First Circuit · 2012
- United States v. Dávila-GonzálezCourt of Appeals for the First Circuit · 2010
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. O'BrienCourt of Appeals for the First Circuit · 2017
- United States v. Contreras-DelgadoCourt of Appeals for the First Circuit · 2019
- United States v. CoxCourt of Appeals for the First Circuit · 2017
- United States v. Reyes-TorresCourt of Appeals for the First Circuit · 2020
- United States v. Melendez-HiraldoCourt of Appeals for the First Circuit · 2023
11 more not listed; retrieve them via the Exa API.