U.S. v. SEVILLA-OYOLA

Nos. 12-1264, 12-1463.

753 F.3d 309 (2014)

UNITED STATES, Appellee, v. Carlos SEVILLA-OYOLA, a/k/a Carlitos Caridad, a/k/a Viejo, Defendant, Appellant.

United States Court of Appeals, First Circuit.

June 3, 2014.


Attorney(s) appearing for the Case

Rafael F. Castro Lang for appellant.

César S. Rivera-Giraud , Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez , United States Attorney, Nelson Pérez-Sosa , Assistant United States Attorney, Chief, Appellate Division, and Thomas F. Klumper , Assistant United States Attorney, were on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and THOMPSON, Circuit Judges.


THOMPSON, Circuit Judge.

Sometimes it's better to quit while you're ahead. The district judge twice conducted plea colloquies and thrice imposed sentences for Carlos Sevilla-Oyola ("Sevilla"), each one shorter than the last. Still dissatisfied, Sevilla asks us for another bite at the sentencing apple before a different district judge. To support his claim before this court, Sevilla says the district judge lacked authority for actions taken after entry of the first...

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