Saturday, October 28, 2006

violation of the defendant's right to be present at sentencing

U.S. v. Sepulveda-Contreras, No. 04-1409 (1st Cir. October 25, 2006)
Sentence for carjacking is vacated and remanded where: 1) the district court erred in imposing two conditions on defendant for the first time in its written judgment, in violation of the defendant's right to be present at sentencing; and 2) the court abused its discretion by delegating to the probation officer the authority to determine the number of drug tests defendant must undergo while on supervised release. http://laws.lp.findlaw.com/1st/041409.html

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