United States v. Gonzalez, No. 12-2273 (1st Cir. 2013)
Annotate this CaseIn 2006, Appellant pled guilty to possession of cocaine with intent to distribute. Appellant was sentenced to a prison term plus supervised release, but the district court later revoked Defendant's term of supervised release and imposed a new supervised release term. While serving his second term of supervised release, Appellant pled guilty to three supervised release violations. Following a hearing, the district court revoked the extant term of supervised release and sentenced Appellant to a flat incarcerative term. Appellant appealed, arguing primarily that the district court violated Fed. R. Crim. P. 32(i)(3)(B) by failing to make rulings on controverted issues of fact raised at sentencing. The First Circuit Court of Appeals affirmed the sentence without deciding whether Rule 32 applies to a sentencing proceeding that follows the revocation of a term of supervised release, holding that Appellant failed to make out a viable claim under Rule 32(i)(3)(B).
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