United States First Circuit

Sentence for carjacking is vacated and remanded where: 1) the district court erred in imposing two conditions on defendant for the first time in its written judgment, in violation of the defendant's right to be present at sentencing; and 2) the court abused its discretion by delegating to the probation officer the authority to determine the number of drug tests defendant must undergo while on supervised release.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Anita Hill-Adames, on brief for appellant.


• For Appellees:
  
• Mariana E. Bauzá-Almonte, Assistant United States Attorney, H.S. García, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Senior Appellate Attorney, on brief for appellee.