Commonwealth v. Rodriguez

**366 The defendant pleaded guilty to possession of a large capacity feeding device, in violation of G. L. c. 269, § 10 ( m ), as well as carrying a firearm without a license and related offenses. As relevant here, the defendant was sentenced, over the Commonwealth's objection, to a term of from one to two and one-half years' imprisonment following his conviction under G. L. c. 269, § 10 ( m ). In a motion for reconsideration, the Commonwealth sought a sentence of at least two and one-half years. The judge then reported the following question to the Appeals Court:

"May a defendant who has been…