United States v. Packer, No. 22-2554 (3d Cir. 2023)
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Packer was convicted of conspiracy to distribute and possess with intent to distribute five grams or more of methamphetamine, and a substance containing a detectable amount of cocaine, 21 U.S.C. 841(a)(1), (b)(1)(B) and 846. He was sentenced to 60 months’ imprisonment followed by five years’ supervised release. After Packer’s release from prison, the court modified the conditions of Packer’s supervised release on three occasions in response to Packer's admissions that he continued to abuse methamphetamine. In 2022, Packer’s former girlfriend, Jones, forwarded to a probation officer threatening voicemail messages that Packer had sent to her. The probation office petitioned for revocation of Packer’s supervised release, citing the “crime of terroristic threats,” a first-degree misdemeanor punishable by up to five years’ imprisonment under Pennsylvania law. Packer attempted to justify his behavior and testified that Jones had no reason to believe that he would hurt her.
Following the presentation of evidence, the court found that Packer had violated his supervised release and that the U.S.S.G. term was 21-27 months’ imprisonment. Before inviting Packer to speak, the court stated its intention to impose a 24-month sentence. The judge then invited Packer to speak. The Third Circuit affirmed the revocation and sentence, rejecting an argument that the court denied Packer his right of allocution by announcing the sentence it intended to impose before allowing him an opportunity to speak. Neither Packer nor his counsel raised an objection at the sentencing hearing.
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