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U.S. v. ROMÁN-DÍAZ

No. 15-2355.

853 F.3d 591 (2017)

UNITED STATES of America, Appellee, v. Elvin ROMÁN-DÍAZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

April 7, 2017.

Attorney(s) appearing for the Case

Barry S. Pollack and Pollack Solomon Duffy LLP, Boston, MA, on brief for appellant.

Rosa Emilia Rodríguez-Vélez , United States Attorney, Mariana E. Bauzá Almonte , Assistant United States Attorney, Chief, Appellate Division, and Thomas F. Klumper , Assistant United States Attorney, Senior Appellate Counsel, on brief for appellee.

Before Lynch, Selya and Kayatta, Circuit Judges.

Defendant-appellant Elvin Román-Díaz asserts that the sentencing court erred in "departing" from one criminal history category (CHC) to another without notice or an opportunity to be heard. He further asserts that the sentencing court erred in ordering his federal sentence to run consecutive to an undischarged state...

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