United States v. Colon-Maldonado, No. 18-1388 (1st Cir. 2020)Annotate this Case
The First Circuit vacated Defendant's sentence of thirty months in federal prison for violating the terms of his supervised release, holding that the district judge misapplied the Guidelines in concluding that Defendant's crime was a Grade A violation under U.S.S.G. 7B1.1(a)(A)(i).
Six months after Defendant completed his sentence for federal drug crimes and began his six-year term of supervised release Defendant was charged on "information and belief" with committing aggravated domestic abuse under Puerto Rico law. The complaint did not indicate why the police believed Defendant committed the offense. Defendant pled down to a lesser offense, but, based on the complaint, the federal district court found that Defendant committed the more serious crime, which was a "crime of violence" and a Grade A violation. The First Circuit vacated the sentence and remanded the case for resentencing, holding that the district judge's Grade A finding, based only on unsubstantiated allegations in a charging document, was clear error that affected the sentence imposed.