No. 21-1913.

81 F.4th 1 (2023)

UNITED STATES of America, Appellee, v. Roberto REYES-CORREA, a/k/a Robertito, Defendant, Appellant.

United States Court of Appeals, First Circuit.

August 31, 2023.

Attorney(s) appearing for the Case

Samuel P. Carrion , Assistant Federal Public Defender, with whom Eric Alexander Vos , Federal Public Defender, Franco L. Pérez-Redondo , Assistant Federal Public Defender, Supervisor, Appeals Division, and Kevin E. Lerman , Research & Writing Attorney, were on brief, for appellant.

David C. Bornstein , Assistant United States Attorney, with whom W. Stephen Muldrow , United States Attorney, and Mariana E. Bauzá-Almonte , Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.

Before Gelpí, Thompson, and Montecalvo Circuit Judges.

In this appeal, Roberto Reyes-Correa ("Reyes") challenges a statutory maximum thirty-six-month sentence that the district court imposed following a revocation of supervised release. Reyes argues that the district court, in arriving at the sentence, improperly relied on ex parte communications with a probation officer,...

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