United States First Circuit

Imposition of sentence on defendant following a plea agreement is affirmed as to two of the counts, but vacated and an order issued to enter a modified sentence on the third count, a firearm possession charge, where: 1) the sentence on the firearm possession charge exceeds the statutory maximum, but the overall period of immurement will not be affected; 2) leaving intact a sentence that exceeds the mandated limit may sully the public's perception of the fairness of the proceeding; 3) collateral consequences that are difficult to predict may arise as a result of an above-the-maximum sentence, and it would be unfair to place the risk of such harm on defendant when the excessive sentence is easy to correct; and 4) there are no countervailing circumstances.

Appellate Information

• Decided 11/14/2014
• Published 11/14/2014

Judges

• Selya

Court

• United States First Circuit

Counsel