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U.S. v. ALVAREZ-NÚÑEZ

No. 15-2127.

828 F.3d 52 (2016)

UNITED STATES of America, Appellee, v. Neftalí ALVAREZ-NÚÑEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

July 8, 2016.

Attorney(s) appearing for the Case

Rafael F. Castro Lang , with whom Edwin Prado Galarza was on brief, for appellant.

Mainon A. Schwartz , Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez , United States Attorney, Nelson Pérez-Sosa , Assistant United States Attorney, Chief, Appellate Division, and Francisco A. Besosa-Martínez , Assistant United States Attorney, were on brief, for appellee.

Before Thompson, Selya and Kayatta, Circuit Judges.

In this case, the sentencing court confused the message with the messenger. That led the court to blur the line between the artistic expression of a musical performer and that performer's state of mind qua criminal defendant. Concluding, as we do, that this line-blurring undermined the plausibility of the court's sentencing...

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