128 F.4th 5
1st Cir.2025Background
- Jesús Abdiel Feliciano-Candelario was indicted for five federal counts arising from three armed robberies in Puerto Rico in 2019 and 2020.
- Feliciano pled guilty to four counts under a plea agreement; the fifth count was dismissed. The plea agreement included a joint sentencing recommendation of 130 months.
- The District Court calculated the guideline range as 157 to 181 months and imposed an aggregate sentence of 181 months, the maximum under the guidelines.
- Key to the guideline calculation was whether Feliciano "otherwise used" or merely "brandished" a knife during a carjacking, affecting the sentencing enhancement.
- Feliciano appealed on the grounds that the wrong enhancement was applied, the government breached the plea agreement, improper community factors were used, and a misunderstood sentencing process influenced the sentence.
Issues
| Issue | Feliciano's Argument | Gov't Argument | Held |
|---|---|---|---|
| Sentencing enhancement: "otherwise used" v. "brandished" a knife | No evidence Feliciano did more than brandish; enhancement should be 3 levels | Raising the knife plus threat justified "otherwise used" (4-level enhancement) | District court lacked sufficient facts; enhancement should be for "brandishing" only; sentence vacated/remanded on this point |
| Government’s adherence to plea agreement | Govt only paid "lip service" to agreed sentence; failed to advocate terms | No requirement to object to enhancements or advocate beyond terms | No plain error; govt did not breach plea agreement |
| Use of community-based sentencing factors | District court used Puerto Rico's gun violence stats improperly | Community crime rates are relevant to sentencing | No error; community-based factors permissible if not based on origin |
| Consideration of hypothetical piecemeal sentencing | Judge’s hypothetical influenced actual sentence improperly | No evidence the hypothetical influenced final sentence | No evidence of error; sentence within guidelines; argument rejected |
Key Cases Cited
- United States v. LaFortune, 192 F.3d 157 (1st Cir. 1999) (distinguishing between "brandishing" and "otherwise using" a weapon under sentencing guidelines)
- United States v. Villar, 586 F.3d 76 (1st Cir. 2009) (application of "otherwise used" enhancement when a weapon is specifically used to make an unmistakable threat)
- United States v. Donovan, 116 F.4th 1 (1st Cir. 2024) (standard of review for sufficiency of evidence to support guideline enhancement)
- United States v. Nieves-Mercado, 847 F.3d 37 (1st Cir. 2017) (standards for reviewing sentencing errors)