United States v. Rodriguez-Morales, No. 10-1022 (1st Cir. 2011)Annotate this Case
Defendant, charged with selling 86 social security cards and birth certificates to undercover agents, entered a plea of guilty on one count of aggravated identity theft, based on an agreement whereby the prosecution agreed to dismiss remaining counts of the indictment. The plea agreement stated that the guidelines sentence was the two-year term of imprisonment required by the statute, 18 U.S.C. 1028A. The plea contained a waiver-of-appeal provision. Defendant subsequently filed four pro se motions concerning his attorney's performance, computation of the guidelines range, and his lack of awareness of the consequences of pleading guilty to aggravated identity theft. The district court refused to allow him to withdraw his plea and imposed a sentence of two years in prison. Even if the prosecutor overstated his sentencing exposure on the original charges, that statement was made months after the guilty plea and did not influence defendant's decision.