United States v. Rodriguez, — F.3d —, 2019 WL 7207303 (10th Cir. Dec. 23, 2019)

For the first time in a published decision, the Tenth Circuit held that a district court assessing a violation of a supervised release during sentencing may consider recidivist enhancements.  In doing so, the Tenth Circuit clarified that the maximum punishment that could have been imposed for the supervised release violation determines the grade for sentencing purposes.