United States v. Ramos-Carreras, No. 21-1747 (1st Cir. 2022)
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The First Circuit vacated the sentence the district court judge imposed after revoking Defendant's term of supervised release, holding that the district judge's use of alleged facts from the Commonwealth of Puerto Rico court's prosecution of the charge against Defendant to determine Defendant's sentence was plain error.
In 2011, Defendant was convicted of violating 21 U.S.C. 841(a)(1), 846, 860, conspiracy to distribute narcotics. While Defendant was serving his term o supervised release, Commonwealth authorities charged him with violating Article 133 of the Puerto Rico Penal Code for attempting to commit lewd acts. A magistrate judge found probable cause that Defendant had violated a condition of his release and imposed a three-year term of imprisonment. The First Circuit vacated the sentence, holding that the district judge procedurally erred by improperly relying on factual allegations that were not in the record when he imposed an upwardly variant sentence.
The court issued a subsequent related opinion or order on December 8, 2022.
The court issued a subsequent related opinion or order on January 26, 2023.
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