United States v. Rodriguez, No. 18-1287 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the holding of the district court that Defendant had twice violated the conditions of his supervised release and sentencing Defendant to an eighteen-month term of immurement, to be followed by a new four-year term of supervised release, holding that any error was harmless and that the evidence was sufficient to sustain the district court's findings.
On appeal, Defendant argued (1) the district court erred by relying on previously excluded evidence to find that Defendant violated a condition of his supervised release; and (2) the district court had insufficient evidence to find a second violation. The First Circuit affirmed, holding (1) the district court abused its discretion when it relied upon previously excluded hearsay statements in formulating its decision, but the error was harmless; and (2) the evidence supporting the district court's two findings was sufficient.