United States v. Montero-Montero, No. 15-1405 (1st Cir. 2016)
Annotate this CaseAppellant was found to be in violation of the conditions of his supervised release. The guideline sentencing range for this offense was six to twelve months, but the district court sentenced Appellant to a sixty-month term of immurement - the statutory maximum for the supervised release violation. The district court failed to coherently explain its dramatic upward variance. The First Circuit vacated Appellant’s sixty-month sentence and remanded for resentencing, holding that the district court committed clear and obvious error by failing adequately to explain its sharp upward variance, and that error may well have affected Appellant’s substantial rights.
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