United States v. Garcia-Cartagena, No. 18-1629 (1st Cir. 2020)
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The First Circuit affirmed Defendant's sentence of more than three years in prison imposed in connection with his violation of supervised release, holding that the district court did not commit reversible error when she tagged Defendant's drug offense with an A Grade.
After seven years in federal prison, Defendant was arrested first for possessing drugs with intent to distribute then for domestic abuse under Puerto Rico law. The federal district judge found Defendant committed a "crime of violence" and a "controlled substance offense" as defined in the federal sentencing guidelines. These crimes, the judge found, were Grade A violations of Defendant's supervised release carrying the stiffest guideline penalties. The First Circuit affirmed, holding that there was sufficient evidence for the district judge to call Defendant's crimes Grade A violations.
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