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UNITED STATES v. PUPO

No. 19-1505.

995 F.3d 23 (2021)

UNITED STATES of America, Appellee, v. Lincoln Gabriel PUPO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

April 20, 2021.

Attorney(s) appearing for the Case

Andrew S. McCutcheon , Assistant Federal Public Defender, with whom Eric Alexander Vos , Federal Public Defender, and Franco L. Pérez-Redondo , Supervisor, Appeals Division, Assistant Federal Public Defender, were on brief, for appellant.

Gregory B. Conner , Assistant United States Attorney, with whom W. Stephen Muldrow , United States Attorney, and Mariana E. Bauzá-Almonte , Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.

Before Thompson, Lipez, Circuit Judges, and Laplante, District Judge.

Appellant Lincoln Gabriel Pupo pleaded guilty to the federal crime of carjacking, 18 U.S.C. § 2119. Prior to his plea, he negotiated a deal with the government stipulating a total offense level ("TOL") but not a Criminal History Category ("CHC"). At sentencing, the district judge calculated a higher TOL than the one...

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