United States v. Butler-Acevedo, No. 09-2624 (1st Cir. 2011)Annotate this Case
In 2000 defendant entered a plea of guilty to two drug-related conspiracies and the court imposed concurrent 10-year sentences, followed by five years of supervised release. Approximately 14 months after his release, the U.S. Probation Office notified the court of four violations; a later filing revealed six additional violations. Defendant admitted to violations that ranged in severity from failing to obtain lawful employment to associating with individuals engaged in narcotic trafficking. Although the term recommended under the U.S. Sentencing Guidelines Manual was three to nine months of incarceration, the court sentenced defendant to 60 months in each case, which was the statutory maximum sentence available because the underlying offenses were Class A felonies (18 U.S.C. § 3583(e)(3)). The First Circuit affirmed, holding that the court considered the relevant factors.