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U.S. v. MARCHENA-SILVESTRE

No. 14-1404.

802 F.3d 196 (2015)

UNITED STATES of America, Appellee, v. Dan Carlos MARCHENA-SILVESTRE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

October 6, 2015.

Attorney(s) appearing for the Case

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

Linda J. Thompson , with whom Robert F. Hennessy and Thompson & Thompson, PC, were on brief, for appellant.

Before KAYATTA, SELYA, and DYK, Circuit Judges.

Dan Carlos Marchena-Silvestre ("Marchena-Silvestre") appeals his seventy-two month sentence following his guilty plea to a charge of unlawfully possessing automatic weapons. After careful review of the record, we conclude that the district court's sentencing determination was infected by plain error.

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