United States v. Frederickson, No. 20-1033 (1st Cir. 2021)
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The First Circuit affirmed the judgment of the district court revoking Defendant's supervised release after he was acquitted of a criminal assault charge arising from the same incident leading to his revocation, holding that the evidence supported a finding of revocation and that the sentence imposed was reasonable.
The probation office petitioned for the arrest of Defendant for violating his supervised release by committing the offense of assaulting a U.S. Probation Office employee. A criminal complaint was also issued for the alleged assault. A jury acquitted Defendant of the criminal assault charge. The district judge proceeded to revoke Defendant's supervised release on the basis of the same conduct and sentenced him to twenty-four months' imprisonment followed by eight months of supervised release. The Supreme Court affirmed, holding (1) acquitted conduct can be used to revoke supervised release due to the differing burdens of proof; (2) the evidence was sufficient to prove that Defendant committed an assault; and (3) Defendant's sentence was substantively and procedurally reasonable.
The court issued a subsequent related opinion or order on February 25, 2021.
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