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U.S. v. LOPEZ-ORTIZ

No. 15-2253.

875 F.3d 49 (2017)

UNITED STATES of America, Appellee, v. Victor LOPEZ-ORTIZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

November 8, 2017.

Attorney(s) appearing for the Case

Jamesa J. Drake , with whom Drake Law, LLC was on brief, for appellant.

Mainon A. Schwartz , Assistant United States Attorney, with whom 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, were on brief, for appellee.

Before Lynch, Thompson, and Kayatta, Circuit Judges.

Victor Lopez-Ortiz appeals the revocation of his supervised release and the imposition of a statutorily authorized, but above-guidelines, three-year term of imprisonment. He contends that the district court improperly shifted the burdens of production and persuasion at his final revocation hearing, an error requiring remand...

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