United States v. Franquiz-Ortiz

This is an appeal from a sentence imposed upon revocation of supervised release.

Jesus Franquiz-Ortiz (Franquiz) was convicted in 2003 on a plea of guilty to conspiracy to possess with intent to distribute heroin, a Class C felony. He was sentenced to serve 46 months of imprisonment and three years of supervised release. The parties agree, in their briefs, on the events that led to revocation of the term of supervised release and the imposition of a sentence of imprisonment.

After about two years of the term of supervised release had elapsed, during an unannounced visit in April 2009, the…