US v. Acevedo-Rodriguez
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
The First Circuit affirmed a 207-month sentence imposed on Brian Jeriel Acevedo-Rodríguez for a string of Hobbs Act robberies and carjackings after the district court resentenced him when one § 924(c) firearm conviction was vacated. The court held that the resentencing was both procedurally and substantively reasonable, rejecting arguments that the judge failed to justify an above-Guidelines sentence or to consider mitigating factors.
Circuit Split Identified
Legal Issue
Whether 18 U.S.C. § 3296 authorizes the government to reinstate counts dismissed under a plea agreement when only the conviction—not the guilty plea—is later vacated on the defendant’s collateral attack.
Circuit Positions
§ 3296 applies to collateral vacatur of a conviction; dismissed counts may be reinstated.
Applicability of § 3296 in this context is doubtful or rejected.
Conflict Summary
The First, Sixth, Eighth, and Tenth Circuits read § 3296 broadly, permitting reinstatement of dismissed counts after a conviction is vacated on collateral review, whereas the Fourth Circuit has expressed skepticism, questioning whether the statute applies when the guilty plea itself is not vacated.