United States v. Lessard, No. 21-1443 (1st Cir. 2022)
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The First Circuit affirmed the judgment of the district court sentencing Defendant to a 150-month term of immurement in connection with his plea of guilty to conspiracy to distribute and to possess with intent to distribute controlled substances, holding that there was no breach of the plea agreement in this case.
On appeal, Defendant argued that the government breached the parties' agreement to recommend a sentence at the low end of the applicable guideline range and that the alleged breach defeated a waiver-of-appeal provision in the plea agreement. The First Circuit affirmed the judgment below, holding that, under the plain error standard, Defendant failed to show that the prosecutor's overall conduct was other than "reasonably consistent with making [the promised] recommendation."
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