United States v. Vargas-Davila, No. 10-1907 (1st Cir. 2011)Annotate this Case
After defendant pled guilty to conspiracy to distribute narcotics, (21 U.S.C. 841(a)(1), 846), the district court sentenced him to 84 months in prison and four years of supervised release. Less than halfway through supervised release, he violated conditions. The district court revoked and sentenced him to an additional 11 months in prison, to be followed by a new two-year period of supervised release. He served the incarcerative portion of the sentence, but again violated release conditions. Defendant conceded the violations. The court revoked supervision, and imposed a sentence of 24 months in prison. In explaining its rationale for eschewing the GSR (five to eleven months), the court noted that the guidelines were merely advisory and defendant's "history of non-compliance." The First Circuit affirmed, noting that there was no claim of procedural error and that the district court was within its discretion, given its reasons.