United States v. Vazquez-Mendez, 020819 FED1, 18-1107
|Opinion Judge:||Boudin, Circuit Judge.|
|Party Name:||UNITED STATES OF AMERICA, Appellee, v. ADRIAN VAZQUEZ-MENDEZ, Defendant, Appellant.|
|Attorney:||Eric Alexander Vos, Federal Public Defender, District of Puerto Rico, Vivianne M. Marrero, Assistant Federal Public Defender, Supervisor, Appeals Section, and Ivan Santos-Castaldo, Research and Writing Specialist, on brief for appellant. Rosa Emilia Rodríguez-Vélez, United States Attorney, Marian...|
|Judge Panel:||Before Howard, Chief Judge Boudin and Lynch, Circuit Judges.|
|Case Date:||February 08, 2019|
|Court:||United States Courts of Appeals, Court of Appeals for the First Circuit|
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Juan M. Pérez-Giménez, U.S. District Judge]
Eric Alexander Vos, Federal Public Defender, District of Puerto Rico, Vivianne M. Marrero, Assistant Federal Public Defender, Supervisor, Appeals Section, and Ivan Santos-Castaldo, Research and Writing Specialist, on brief for appellant.
Rosa Emilia Rodríguez-Vélez, United States Attorney, Mariana E. Bauzá-Almonte, Assistant United States Attorney, Chief, Appellate Division, and Julia M. Meconiates, Assistant United States Attorney, on brief for appellee.
Before Howard, Chief Judge Boudin and Lynch, Circuit Judges.
Boudin, Circuit Judge.
Adrián Vázquez-Méndez ("Vázquez") pled guilty in federal district court in Puerto Rico in 2001 to one count of conspiracy to distribute cocaine, 21 U.S.C. § 846, and was sentenced to 168 months in prison followed by five years of supervised release. After serving more than eleven years in prison, Vázquez began supervised release on December 28, 2012.
Vázquez's period of supervised release--accompanied by the common requirements that he refrain from unlawfully using controlled substances, report any changes in address, and regularly check in with his probation officer--passed without known incident until nearly the end. But in 2017, the probation officer reported several violations, including three positive drug tests for marijuana and a failure to inform his probation officer that he was living at a new location.
Vázquez was also arrested on July 25, 2017, after his girlfriend called the police to report a domestic dispute. Police also questioned him about a domestic-violence incident on August 30, 2017. Neither incident resulted in criminal charges but a restraining order was placed against him after the second incident, pending a later hearing. Vázquez also failed to timely report the incidents to his probation officer as required by his supervised release conditions.
He also missed a scheduled...
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