United States v. Serrano-Berrios, No. 21-1457 (1st Cir. 2022)Annotate this Case
The First Circuit vacated the judgment of the district court sentencing Defendant to the statutory maximum of two years' imprisonment for violating two conditions of his supervised release, holding that the written judgment rendered unreliable this Court's assumption that the district court excluded from its consideration the comments it made before formally explaining its sentence.
Specifically, the First Circuit held that the written judgment rendered unreliable the Court's otherwise controlling assumption that the trial court excluded from its consideration the express comments it made shortly before formally explaining its sentence. The Court remanded the case to a new district court judge for prompt resentencing.
The court issued a subsequent related opinion or order on July 12, 2022.