United States v. Robles-Pabon

The First Circuit vacated the judgment of the district sentencing Defendant to twenty-one months of imprisonment for conspiracy to possess with intent to distribute cocaine and marijuana and seventy-two months of imprisonment for possession of a firearm in furtherance of a drug-trafficking crime, to be served consecutively, and remanded this matter for resentencing.Defendant pleaded guilty to the crimes pursuant to a plea agreement that endorsed a decrease by two levels for acceptance of responsibility and ignored the possibility of a three-level reduction under the governing guideline. The district court approved a two-level reduction for acceptance of responsibility and imposed the sentences set forth above. The First Circuit vacated the sentences, holding that Defendant’s counsel provided ineffective assistance by failing to detect the possibility of an extra level decrease and that Defendant deserved the extra level decrease and resentencing. View "United States v. Robles-Pabon" on Justia Law