United States First Circuit

In this case, defendant challenges his upwardly variant sentence. The sentence is affirmed, where: 1) even if the underlying conduct is already accounted for by an offense level adjustment, the court may consider the manner in which the offense was committed in making a further upward departure; 2) the particularly heinous circumstances of this case made defendant a candidate for significant punishment; and 3) the court's reasoning was sufficiently particularized and sufficiently compelling.

Appellate Information

• Decided 12/03/2014
• Published 12/03/2014

Judges

• Selya

Court

• United States First Circuit

Counsel