United States First Circuit

Defendants' sentences for aiding and abetting a robbery and possessing a firearm during a crime of violence are vacated and remanded for resentencing, where: 1) the district court erred by accepting and considering an untranslated copy of the text messages at defendant Cabezudo's sentencing hearing in violation of the Jones Act, but any prejudice resulting from the district court's consideration of the untranslated messages was inconsequential and does not constitute reversible error; 2) the district court committed procedural error in determining defendant Cabezudo's sentence; and 3) the district court erred by adjusting defendant's Millán's sentence on the basis on facts outside the record.

Appellate Information

• Decided 04/18/2014
• Published 04/18/2014

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel