United States v. Mulero-Diaz, No. 14-2207 (1st Cir. 2016)
Annotate this CaseDefendant pleaded guilty to one count of conspiracy to possess with intent to distribute narcotics. Defendant was sentenced to seventy months in prison and eight years of supervised release. While Defendant was on supervised release, he violated the terms of his release by engaging in conduct that would warrant a Grade C violation of his conditions of supervised release. The government countered that Defendant had also engaged in more serious offenses which would constitute a Grade A violation. The district court concluded that there was sufficient evidence to find a Grade A violation but nonetheless classified Defendant’s conduct as a Grade C violation, which entitles a district court to exercise its discretion to revoke supervised release. The court subsequently imposed a three-year term of imprisonment. The First Circuit affirmed, holding (1) the district court did not commit plain error in admitting hearsay testimony at the show cause hearing; (2) the district court did not err in revoking the term of Defendant’s supervised release; and (3) Defendant’s three-year sentence was reasonable.
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