United States v. Mulero-Algarin, No. 16-1287 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed Defendant’s revocation sentence, holding that the district court did err in fashioning the sentence.
While on supervised release following his term of imprisonment for a 2002 federal drug felony conviction, Defendant committed a second drug felony in 2014. Defendant was sentenced to up to 120 months’ imprisonment for that drug offense. In a separate proceeding, Defendant’s term of supervise release was revoked and replaced with a thirty-six month prison sentence, to be served consecutively to the 120-month sentence imposed on him for the new drug offense. Defendant challenged only his sentence on appeal. The First Circuit affirmed, holding that Defendant’s sentence was neither procedurally nor substantively unreasonable.