United States First Circuit

Sentence for guilty plea to aiding and abetting a convicted felon in the possession of a firearm, in violation of 18 U.S.C. sections 922(g)(1), 924(a)(2) and 2, is affirmed where defendant has not shown plain error that: 1) his conviction for fourth-degree aggravated battery under Article 122 of the Puerto Rico Penal Code was considered a 'crime of violence' under U.S.S.G. § 2K2.1(a)(1)(B), as defined in U.S.S.G. section 4B1.2; 2) the district court erred by finding that his other prior felony conviction qualified as a predicate offense under section 2K2.1(a)(1)(B); and 3) that the District Court erred by failing to give sufficient weight to mitigating factors, as required by 18 U.S.C. section 3553(a).

Appellate Information

• Published 2017/05/01

Judges

• BARRON

Court

• United States First Circuit

Counsel