United States v. Daoust, No. 17-1234 (1st Cir. 2018)
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The First Circuit affirmed the sentence imposed following the revocation of Defendant’s supervised release term, holding that Defendant’s claims of sentencing error were unavailing.
Defendant admitted to violating his supervised release conditions. The district court imposed a term of two years’ incarceration, to be followed by an additional thirty-four months of supervised release. The First Circuit affirmed the sentence, holding (1) the notification requirement of Fed. R. Crim. P. 32(h) did not obligate the district court to provide him advance notice of its intention to impose a sentence above the peak of the guideline range; (2) the district court did not err either in its treatment of the relevant sentencing factors or in its choice to give heavy weight to the gravity of the violations committed by Defendant; and (3) Defendant’s sentence was substantively reasonable.
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