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UNITED STATES v. ESPINOZA-ROQUE

No. 20-1214.

26 F.4th 32 (2022)

UNITED STATES of America, Appellee, v. José ESPINOZA-ROQUE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

February 15, 2022.

Attorney(s) appearing for the Case

Jessica E. Earl , Assistant Federal Public Defender, with Eric Alexander Vos , Federal Public Defender, Franco L. Pérez-Redondo , Assistant Federal Public Defender, and Kevin E. Lerman , Research & Writing Specialist, on brief, for appellant.

Joshua K. Handell , Attorney, Criminal Division, with W. Stephen Muldrow , United States Attorney, Mariana E. Bauzá-Almonte , Assistant United States Attorney, and Julia M. Meconiates , Assistant United States Attorney, on brief, for appellee.

Before Howard, Chief Judge, Kayatta, Circuit Judge, and Casper, District Judge.

José Espinoza-Roque challenges the 46-month sentence he received after pleading guilty to various firearm offenses. The length of the challenged sentence was shaped by the district court's finding that Espinoza was an unlawful drug user at the time of his offenses. Because we find that the district court erred in reaching...

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