United States v. Hernandez-Maldonado, No. 14-1444 (1st Cir. 2015)
Annotate this CaseDefendant pled guilty to being a prohibited person in possession of a firearm and was sentenced to 115 months imprisonment. Defendant sought to vacate his guilty plea because the district court failed to meet the requirement of Fed. R. Crim. P. 11(c)(3)(B) of warning Defendant that he could not withdraw his plea if the court did not follow the parties’ sentencing recommendations. The plea agreement, however, did contain this warning. The First Circuit affirmed the conviction and sentence, holding (1) Defendant failed to demonstrate a reasonable probability that, but for the district court’s failure to administer the missing warning, he would not have entered the plea; and (2) the sentence the district court imposed was procedurally and substantively reasonable.
The court issued a subsequent related opinion or order on July 29, 2015.
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