United States v. Del Valle-Cruz, No. 13-1050 (1st Cir. 2015)
Annotate this CaseIn 2012, Defendant pleaded guilty to one count of failing to register as a sex offender. Defendant was sentenced to twenty-one months in prison and seven years of supervised release. The terms of Defendant’s supervised release included a series of special conditions prohibiting him from contact with minors and requiring him to undergo sex offender treatment. Defendant sought to vacate his conviction or, alternatively, the special conditions. The First Circuit affirmed in part and reversed in part, holding (1) a waiver of appeal barred Defendant’s appeal of his conviction as well as his appeal of most of the special conditions; but (2) in order to avoid a miscarriage of justice, the Court declined to enforce the waiver as to Defendant’s appeal of the conditions that would prevent him from having contact with or residing with his son or other minors, as these conditions would deprive Defendant of far more liberty than was reasonably necessary. Remanded.
The court issued a subsequent related opinion or order on April 24, 2015.
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