District court’s decision revoking supervised release and sentencing defendant to a further term in prison following his arrest for allegedly shooting at an officer, is set aside and remanded where, given the relatively weak evidence, district court’s decision is undermined by reliance on guesswork regarding the event.
Read US v. Oquendo-Rivera, No. 08-2481
Appellate Information
Appeal from the United States District Court for the District of Puerto Rico
Decided November 5, 2009
Judges
Before: Lynch, Chief Judge, and Torruella and Boudin, Circuit Judges
Opinion by Boudin, Circuit Judge
Counsel
For Appellant: Hector L. Ramos-Vega, Assistant Federal Public Defender
For Appellee: Julia M. Meconiates, Assistant United States Attorney
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