United States v. Diaz-Arroyo, No. 14-1929 (1st Cir. 2015)
Annotate this CasePursuant to a plea agreement, Defendant pleaded guilty to being a felon in possession of a firearm. The district court sentenced Defendant to serve forty-eight months in prison followed by a three-year term of supervised release. Defendant appealed, arguing that his sentence was substantively unreasonable and that a condition of supervised release requiring him to maintain a “clean" telephone line in his home, sans modem, failed to make clear that he was not prohibited from accessing the internet. The First Circuit affirmed the sentence, holding that the sentence was not outside the wide universe of permissible sentences, but remanded for the limited purpose of correcting the judgment to clarify the language of the challenged supervised release condition to make clear that there was no prohibition on Defendant’s access to the internet.
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