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United States First Circuit


US v. Gallardo-Ortiz, 08-2292

In a prosecution for unlawful possession of ammunition and a "machinegun" firearm, the district court's sentence is affirmed, where: 1) the district court judge made no procedural errors in coming to her findings and conclusions on the defendant's employment history, his criminal record, the circumstances of his offense, and his post-arrest interaction with law enforcement; and 2) the judge's explanation of why the sentence exceeded the top of the guidelines sentencing range exhibited a plausible rationale, and she reached a sensible sentence within the range of reasonableness.

Appellate Information

  • Decided 01/24/2012
  • Published 01/24/2012

Judges

  • Howard

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Chauncey B. Wood, Thomas F. Klumper

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