First CIrcuit: US v. Bermudez-Melendez


Sentencing

Appeal waiver doesn't bar challenge where term in agreement was that sentence would be in accord with recommended sentence.

Where there is no guidelines range, statutory minimum is the range, and variances must be justified.

Court had no duty to explain variance prom plea deal level -- general description of facts sufficed to explain upward variance.  Sufficient consideration of personal history.

Rhetorical flourishes are permissible during imposition of sentence.

Community-protection rhetoric in imposition of sentence is permissible when framed as an aspect of general deterrence.

Substantively reasonable.


US v. Bermudez-Melendez