United States v. Rivera-Nazario, No. 21-1597 (1st Cir. 2023)
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The First Circuit affirmed the decision of the district court finding Defendant voluntarily absent and applying an obstruction of justice sentencing enhancement, holding that the district court did not err.
Defendant's probation officer requested and was granted a warrant for Defendant's arrest for knowingly and intentionally possessing with the intent to distribute illegal drugs. Defendant, however, was at-large when the district court judge scheduled the sentencing hearing. The sentencing hearing was held in absentia under Fed. R. Crim. P. 43(c)(1)(B) over defense counsel's objection, and the district court imposed a thirty-month sentence. The First Circuit affirmed the sentence on appeal, holding that the district court (1) did not err in holding the sentencing hearing in absentia and finding Defendant voluntarily absent; and (2) did not err in imposing the obstruction of justice enhancement based on an objection to the willfulness finding.
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