US v. Oquendo-Rivera, No. 08-2481

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