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U.S. v. RIVERA-BERRÍOS

No. 17-1212.

902 F.3d 20 (2018)

UNITED STATES of America, Appellee, v. Ezequiel RIVERA-BERRÍOS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

August 24, 2018.

Attorney(s) appearing for the Case

Andrew S. Crouch for appellant.

Thomas F. Klumper , Assistant United States Attorney, Senior Appellate Counsel, with whom Rosa Emilia Rodríguez-Vélez , United States Attorney, and Mariana E. Bauzá-Almonte , Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.

Before Torruella, Selya, and Barron, Circuit Judges.

This appeal presents a question of first impression in this circuit: may a sentencing court assess criminal history points for a prison sentence imposed following revocation of probation when the revocation-triggering conduct also constitutes the gravamen of the federal offense of conviction? Concluding, as we do, that the...

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