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U.S. v. APONTE-VELLÓN

No. 13-1302.

754 F.3d 89 (2014)

UNITED STATES of America, Appellee, v. CÁndido Obed APONTE-VELLÓN, a/k/a Obed, Defendant, Appellant.

United States Court of Appeals, First Circuit.

June 13, 2014.

Attorney(s) appearing for the Case

José Luis Novas Debien on brief for appellant.

Rosa Emilia Rodríguez-Vélez , United States Attorney, Nelson Pérez-Sosa , Assistant United States Attorney, Chief, Appellate Division, and Juan Carlos Reyes-Ramos , Assistant United States Attorney, on brief, for appellee.

Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

After pleading guilty to robbery and brandishing a firearm during a robbery, Cándido Obed Aponte-Vellón ("Aponte") received consecutive incarcerative sentences of 72 months and 84 months. On appeal, Aponte contends that the district court improperly departed upward from the applicable Guidelines sentencing range. Because Aponte in fact received a sentence that varied from the applicable Guidelines ranges, rather than an upward departure...

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