United States v. Lopez-Ortiz, No. 15-2253 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed the judgment of the district court revoking Appellant’s supervised release and imposing a statutorily authorized, but above-guidelines, three-year term of imprisonment. On appeal, Appellant argued that the district court improperly shifted the burdens of production and persuasion at his final revocation hearing and that the error required resentencing. The First Circuit held that Appellate knowingly violated the terms of his supervised release, and that, on the record, the manner in which the district court proceeded could not have caused Appellant any improper prejudice.