U.S. v. NIEVES-MERCADO

No. 15-1627.

847 F.3d 37 (2017)

UNITED STATES of America, Appellee, v. Joshua J. NIEVES-MERCADO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

January 30, 2017.


Attorney(s) appearing for the Case

Cathryn A. Neaves , on brief for appellant.

Rosa Emilia Rodríguez-Vélez , United States Attorney, Mariana E. Bauzá-Almonte , Assistant United States Attorney, Chief, Appellate Division, and Francisco A. Besosa-Martínez , Assistant United States Attorney, on brief for appellee.

Before Howard, Chief Judge, Thompson and Kayatta, Circuit Judges.


The district court sentenced defendant Joshua Nieves-Mercado ("Nieves") to 60 months' imprisonment, a term that exceeded by 9 months the top of the guidelines sentencing range and by 14 months the government's recommendation pursuant to a plea agreement. Nieves appeals, arguing that the court abused its discretion by considering...

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