United States v. Ortiz, No. 13-4835 (2d Cir. 2015)
Annotate this CaseOrtiz pleaded guilty in 2003 to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). He acknowledged being an armed career criminal under 18 U.S.C. 924(e)(1) and faced a mandatory minimum term of 180 months’ imprisonment and a maximum term of life imprisonment. A downward departure for substantial assistance yielded a new Guidelines range of 120–150 months. The district court sentenced him to 120 months’ imprisonment, followed by five years’ supervised release, and classified his offense as a Class A felony, for which the maximum post‐revocation sentence was five years. Ortiz began supervised release on June 21, 2010. On May 9, 2011, he burglarized a Connecticut home and stole 12 firearms, which he sold to drug dealers. Ortiz pleaded guilty to new federal firearms charges. The district court imposed a sentence of 72 months’ imprisonment and three years’ supervised release on those charges. For violating the conditions of supervised release imposed for his 2003 offense, the court revoked Ortiz’s supervised release and sentenced him to five years’ imprisonment. The Second Circuit affirmed, holding that the statutory maximum post‐revocation sentence is determined by reference to the law in effect at the time of the underlying offense.
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