United States First Circuit

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US v. Roman-Diaz, 15-2355

Sentence for guilty plea to conspiring to possess with intent to distribute in excess of 280 grams of cocaine base and detectable amounts of cocaine, heroin, and marijuana, 21 U.S.C. sections 841(a)(1) and 846, and aiding and abetting in the possession of a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. section 924(c) of is affirmed over defendant's contentions that the sentencing court erred in 'departing' from one criminal history category (CHC) to another without notice or an opportunity to be heard, and in ordering his federal sentence to run consecutive to an undischarged state sentence, where there was no departure and no abuse of discretion in the imposition of the challenged consecutive sentence.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/07

Judges

  • SELYA

Court

  • United States First Circuit

Counsel


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