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United States v. Fernández-Cabrera

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Before Boudin, Selya and Howard, Circuit Judges.

Defendant-appellant Henry Fernández-Cabrera pleaded guilty to one count of illegal re-entry into the United States. Eschewing the parties’ joint recommendation for a sentence at the bottom of the guideline sentencing range (GSR), the district court sentenced the defendant to 33 months in prison. The defendant now mounts a challenge to both the district court’s failure to provide advance notice of its intention not to adopt the joint sentencing recommendation and the adequacy of the court’s explanation for its choice of sentence. Discerning no error, we affirm.

In considering a sentencing appeal that trails in the wake of a guilty plea, we glean the relevant facts from the plea agreement, the change-of-plea colloquy, the presentence investigation report (PSI Report), and the transcript of the disposition hearing. See United States v. Nguyen, 618 F.3d 72, 73 (1st Cir. 2010); United States v. Dietz, 950 F.2d 50, 51 (1st Cir. 1991).

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