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U.S. v. FLORES-MACHICOTE

No. 11-2243.

706 F.3d 16 (2013)

UNITED STATES of America, Appellee, v. Victor FLORES-MACHICOTE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

January 23, 2013.

Attorney(s) appearing for the Case

Hector L. Ramos-Vega , Assistant Federal Public Defender, Supervisor, Appeals Division, with whom Hector E. Guzman, Jr. , Federal Public Defender, and Patricia A. Garrity , Assistant Federal Public Defender, were on brief, for appellant.

Nelson Pérez-Sosa , Assistant United States Attorney, Chief, Appellate Division, with whom Rosa Emilia Rodriguez-Velez , United States Attorney, and Julia M. Meconiates , Assistant United States Attorney, were on brief, for appellee.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.

SELYA, Circuit Judge.

After defendant-appellant Victor Flores-Machicote entered a guilty plea, the district court sentenced him to five years in prison — a sentence well above the top of the applicable guideline sentencing range (GSR). The defendant appeals, asserting that the district court did not make an individualized assessment of the relevant sentencing factors but, rather, relied on impermissible considerations (including the perceived shortcomings of...

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