UNITED STATES, Plaintiff, v. Jean Carlos POLACO-HANCE, Defendant.

Bench Name, Court Name, and Judgment Date

• Bench Name: District Judge Francisco A. Besosa
• Judgment Date: July 16, 2021
• Court Name: United States Court of Appeals for the First Circuit

Facts

Jean Carlos Polaco-Hance, the defendant, was convicted of being a felon in unlawful possession of a machinegun and sentenced to seventy-two months in prison, exceeding the federal sentencing guidelines by forty percent. Polaco, previously guilty of attempting to smuggle $100,000 and making a false statement, had begun his supervised release when he was arrested for the current offenses. A federal grand jury indicted him on counts of being a felon in possession of a firearm and unlawfully possessing a machinegun. Evidence from Polaco’s cellular phone, including photos and videos of guns, was admitted in court, demonstrating his knowledge and intent regarding the machinegun.

Issues

Polaco appealed his sentence, arguing it was procedurally and substantively unreasonable. Additionally, he contested the admissibility of the evidence from his phone, claiming it violated Federal Rule of Evidence 404(b) and was obtained without a proper search warrant.

Decision

The United States Court of Appeals for the First Circuit affirmed the lower court’s decision, deeming the higher sentence justified due to the large amount of ammunition and the need for deterrence. The court ruled the sentence reasonable and the evidence admissible, citing its relevance to Polaco’s intent and knowledge. The court also dismissed Polaco’s Fourth Amendment claim due to lack of proper suppression motion.