First Circuit: US v. Garcia-Perez

 

Court adequately recited mitigations, but did not sufficiently explain its upward variance.  As the relevant conduct is explicitly included in the guidelines calculation, court needed to specifically distinguish the deft's situation.

Court did not abuse its discretion by imposing a substantively unreasonable sentence -- the deft has the burden to establish that the comparators who received disparate sentences were sufficiently similar.


http://media.ca1.uscourts.gov/pdf.opinions/19-2054P-01A.pdf