United States v. Almonte-Nunez, No. 13-1896 (1st Cir. 2014)
Annotate this CasePursuant to a plea agreement, Defendant entered guilty pleas to robbing an individual of a United States passport (count 1), brandishing a firearm during a crime of violence (count 2), and being a convicted felon in possession of a firearm (count 3). After Defendant was sentenced he appealed, arguing, inter alia, that the government breached the agreement, and therefore, he should be resentenced. The First Circuit affirmed Defendant’s sentence on counts 1 and 2 but ordered the lower court to enter a modified sentence on count 3, holding (1) the waiver-of-appeal clause contained in the agreement did not bar the Court’s review of Defendant’s claims of error; (2) considering the totality of the circumstances, no breach of the agreement was evident; and (3) Defendant’s sentence on the firearm possession charge exceeded the statutory maximum.
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