First Circuit: US v. Rivera-Gonzalez

Sentencing.

Sentence above the minimum for use of a firearm in the commission of a felony was a variance, not a departure.

While the court during sentencing described the sentence was concurrent, the written sentence was silent in this regard, so no violation of the rule that the sentence must be consecutive.

Substantive error challenge construed as procedural plain error challenge; court's imposition of sentence while saying that it would be unjust if served concurrently was plain error - remand for explanation/resentencing.

http://media.ca1.uscourts.gov/pdf.opinions/14-1402P-01A.pdf