United States First Circuit

Defendant's sentence for a drug conviction is vacated where the district court improperly delegated to a probation officer, the authority to decide whether defendant should undergo drug treatment if he tests positive for drugs during his term of supervised release.

Appellate Information

• Decided 02/24/2005
• Published 02/24/2005

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ramon M. Gonzales, for appellant Felix Vega., Laura Maldonado Rodríguez, for appellant Manuel Fernández Carrera.


• For Appellees:
  
• Thomas F. Klumper, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Nelson Perez-Sosa, Assistant United States Attorney, Senior Appellate Attorney, were on brief, for appellee.