United States v. Oppenheimer-Torres, No. 14-1676 (1st Cir. 2015)
Annotate this CasePursuant to a plea agreement, Defendant pleaded guilty to conspiring to possess and distribute illegal drugs near a public housing facility and of possessing a firearm in furtherance of a drug trafficking crime. The district judge imposed a prison sentence of 210 months, a sentence in the middle of the range contemplated by the plea agreement. Defendant appealed his sentence, arguing that he must be re-sentenced because the government broke the plea agreement or because of alleged defects in the acceptance of Defendant’s plea. The First Circuit dismissed the appeal, holding (1) on plain error review, Defendant failed to establish that he was not in accord with his plea agreement; (2) there was no cause to consider whether the agreement should be set aside; and (3) therefore, the waiver of appeal Defendant signed was enforceable, and the First Circuit lacked jurisdiction to consider Defendant’s appeal.
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