United States First Circuit

Conviction of defendant for conspiracy to issue and use counterfeit checks is affirmed where: 1) because the government affirmatively disclaimed the waiver-of-appeal provision, there is no justification for proceeding sua sponte to inquire into its preclusive effect; 2) U.S.S.G. section 5G1.3(b) did not require the district court to impose a concurrent sentence in this case; and 3) district court's decision to run the sentence consecutively was substantively reasonable.

Appellate Information

• Decided 12/11/2009
• Published 12/11/2009

Judges

• SELYA, Circuit Judge., Before SELYA, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mariángela Tirado-Váles on brief for appellant.


• For Appellees:
  
• Rosa Emilia Rodriguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Chief, Appellate Division, and Julia M. Meconiates, Assistant United States Attorney, on brief for appellee.