United States v. Sanchez-Colberg
856 F.3d 180
| 1st Cir. | 2017Background
- Puerto Rico officers found Sánchez with cocaine, marijuana, drug ledgers, cash, ammunition, and two handguns (one modified to fire automatically). Sánchez pleaded guilty to possession with intent to distribute marijuana (21 U.S.C. § 841) and possession of a firearm in furtherance of a drug-trafficking crime (18 U.S.C. § 924(c)).
- The plea agreement stipulated a guidelines range of 0–6 months for the marijuana count and the statutory minimum (60 months) for the § 924(c) count, but allowed upward variance: defendant could request 96 months and government could request up to 156 months on the firearms count.
- The agreement included an appeal waiver covering appeals if the court "sentences him according to its terms, conditions, and recommendations."
- At sentencing the court imposed 6 months on the marijuana count and 156 months on the firearms count (162 months total); Sánchez did not object at sentencing and timely appealed challenging procedural and substantive reasonableness.
- The First Circuit held the appeal waiver ambiguous (construed against the government) and therefore permitted review on the merits, but affirmed the sentence as both procedurally and substantively reasonable.
Issues
| Issue | Sánchez's Argument | Government's Argument | Held |
|---|---|---|---|
| Applicability of appeal waiver | Waiver does not apply because court imposed 156 months while Sánchez requested 96 and gov't requested 144; court thus did not sentence "according to" the parties' recommendations | The plea allowed the government to request up to 156 months, so the sentence was within the agreement's contemplated range and thus covered by the waiver | Agreement ambiguous as to "recommendations;" construed against government, waiver did not bar appeal |
| Procedural reasonableness of upward variance | Court failed to articulate basis for exceeding parties' recommendations (no adequate explanation) | Sentencing court explained main factors (seriousness, weapons including an auto-fire modification, ammunition, drugs, ledgers), satisfying explanation requirement | No procedural error; court identified main factors supporting upward sentence |
| Substantive reasonableness of sentence | Sentence substantively unreasonable; disparity with codefendant and upward variance excessive | Sentence fell within parties' bargained-for range and record supports defendant's culpability (plea colloquy/admissions) | Sentence was a defensible result; disparity claim fails (defendant not similarly situated) and upward variance reasonable |
| Claim of unequal culpability re: machine gun | Codefendant (not Sánchez) possessed machine gun per evidence bag label; thus disparity unjustified | Plea agreement, initials, and plea colloquy establish Sánchez admitted possession of both firearms | Record supports Sánchez's admitted possession; no basis for disparity reversal |
Key Cases Cited
- United States v. Betancourt-Pérez, 833 F.3d 18 (1st Cir.) (appeal-waiver validity framework)
- United States v. Santiago-Burgos, 750 F.3d 19 (1st Cir.) (appeal-waiver construction principles)
- United States v. Newbert, 504 F.3d 180 (1st Cir.) (construe plea ambiguity against government)
- Gall v. United States, 552 U.S. 38 (2007) (procedural and substantive reasonableness standards for sentencing)
- United States v. Cruz-Vázquez, 841 F.3d 546 (1st Cir.) (standards for reviewing sentencing challenges)
- United States v. Rivera-González, 776 F.3d 45 (1st Cir.) (upward variant can be reasonable when within parties' agreed range)
- United States v. Reyes-Santiago, 804 F.3d 453 (1st Cir.) (disparity review and "identically situated" principle)
- United States v. Hallock, 941 F.2d 36 (1st Cir.) (ineffective-assistance claims generally not resolved on direct appeal)