United States v. Navarro-Santisteban, No. 21-1735 (1st Cir. 2023)
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The First Circuit vacated the decision of the federal district court revoking Defendant's term of supervised release and ordering him to return to prison for an additional two years, holding that resentencing was required on the proper record.
Defendant was convicted of a drug crime, sentenced, and placed on supervised release. The district court later revoked Defendant's supervised release term on ordered him returned to prison for two years, finding that Defendant made unlawful death threats in violation of a condition of his release. The First Circuit affirmed the order revoking Defendant's term of supervision but vacated Defendant's revocation sentence and remanded the case for resentencing, holding that the district court erred by admitting certain testimony and that the error may have affected the court's decision to impose an upwardly variant sentence.
The court issued a subsequent related opinion or order on October 3, 2023.
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