United States v. Cruz-Olavarria, No. 17-1761 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed Defendant's sentence for violating conditions of supervised release related to an earlier conviction for possessing a machine gun, holding that Defendant's variant sentence for violating his conditions of supervised release was not unlawful.
In 2012, Defendant pled guilty to unlawfully possessing a machine gun. In 2016, more than halfway through his supervised release term, Defendant pled guilty to being a felon-in-possession of a firearm and ammunition and illegal possession of a machine gun. The district court sentenced Defendant to 120 months' imprisonment for the new criminal conduct and a consecutive twenty-four-month sentence for violating conditions of supervised release. The First Circuit affirmed, holding (1) an appellate waiver provision in Defendant's plea agreement barred this Court from reviewing the sentence imposed on the new charges; and (2) as to Defendant's revocation sentence, the sentence was not an abuse of discretion.