United States v. Ramos-Diaz, 702 F. App'x 1

Police in Río Piedras, Puerto Rico chased Ramos and co-defendant González after seeing a firearm; both fled on a motorcycle.
González threw two Glock pistols and magazines over a fence; both firearms were machineguns.
Ramos was arrested on the motorcycle; he admitted habitual marijuana use.
Ramos pleaded guilty to being a prohibited person in possession of a firearm (18 U.S.C. § 922(g)(3)); González pleaded guilty to illegal possession of a machinegun (18 U.S.C. § 922(o)).
González (no prior record) received 30 months; Ramos (juvenile convictions) received 48 months—a 15-month variance above the Guidelines range.
Ramos appealed, arguing his sentence was substantively unreasonable and created an unwarranted sentencing disparity with González.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Ramos's 48-month sentence is substantively unreasonable under § 3553(a)(6) for creating unwarranted disparity with similarly situated co-defendant	Ramos: Despite criminal history, his conduct was no worse (González threw the guns), so disparity with González (30 months) is unwarranted	Government/District Court: Ramos's greater criminal history and comparable offense conduct justify a longer sentence; they are not similarly situated	Affirmed: Court found no abuse of discretion; differences in criminal history justify different sentences

Gall v. United States, 552 U.S. 38 (abuse-of-discretion standard for reviewing sentences)
United States v. Ortiz–Islas, 829 F.3d 19 (1st Cir. 2016) (differences in criminal history can justify disparate sentences for co-defendants)
United States v. Fernández-Cabrera, 625 F.3d 48 (1st Cir. 2010) (appeal waiver rendered unenforceable when court rejects joint recommendation)
United States v. Zannino, 895 F.2d 1 (1st Cir. 1990) (issues not developed are waived)
United States v. Reyes-Santiago, 804 F.3d 453 (1st Cir. 2015) (example of finding unwarranted disparity based on a Guidelines factor applied unevenly)