⚖ Oral Arguments, with Context

The First Circuit hears United States versus Jorge Mercado. After serving time for an armed robbery, Mercado was on supervised release, a period of court-ordered supervision after prison. During that supervision, he possessed a machine gun and ammunition. That conduct led to a new criminal sentence and a separate prison term for violating his release conditions. In an earlier appeal, the First Circuit left the machine-gun sentence in place but vacated the revocation sentence because the judge had not adequately explained why it exceeded the advisory sentencing range. This appeal returns to those limits on revocation sentencing. An upward variance means a sentence above that advisory range, not necessarily above the statutory maximum. Another distinction runs through the argument: retribution means punishment because past wrongdoing deserves it; deterrence aims to prevent future crime. The Supreme Court has held that judges may not rely on retribution for the original offense when revoking supervised release. That ruling left open whether retribution for violating supervision is permissible. Listen for how the judges distinguish punishment for past conduct from deterrence and protecting the public, and what explanation an above-guidelines sentence requires.

United States v. Mercado-Cañizares (No. 25-1867) — U.S. Court of Appeals for the First Circuit, argued November 3, 2026.