United States v. Patch, No. 20-2063 (1st Cir. 2021)Annotate this Case
The First Circuit vacated Defendant's sentence imposed in connection with her conviction for maintaining a drug-involved premises, holding that the lack of evidence on the critical issue in this case required that the case be remanded for resentencing.
The trial court sentenced Defendant to a below-the-range term of immurement of thirty-four months, to be followed by a three-year term of supervised release. On appeal, Defendant argued that the record evidence did not support the district court's determination that Defendant, above and beyond providing her apartment as a drug-involved premises, could be said to have participated in the drug operation, and therefore, the district court erred by declining to apply the offense-level cap limned in U.S.S.G. 2D1.8(a). The First Circuit vacated Defendant's sentence, holding that the record did not permit a reasoned determination that Defendant participated in the drug operation within the meaning of section 2D1.8(a)(2).