United States First Circuit

Sentence above the guidelines range for engaging in a business of dealing firearms without a license is affirmed where the district court: 1) acted well within its discretion in finding defendant's likelihood of recidivism was underestimated in the sentencing guidelines; and 2) properly considered the seriousness of the crime, need for deterrence, and defendant's likelihood of recidivism within its discussion of section 3553(a) sentencing factors.

Appellate Information

• Decided 04/03/2008
• Published 04/03/2008

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA and LYNCH, Circuit Judges, and FUSTÉ, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Albert F. Cullen, Jr., for appellant.


• For Appellees:
  
• Leah B. Foley, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, were on brief for appellee.