United States v. Velez-Luciano, No. 14-1738 (1st Cir. 2016)Annotate this Case
Appellant pleaded guilty to one count of possession of child pornography. Appellant was sentenced to ten years’ imprisonment followed by fifteen years of supervised release. The terms of Appellant’s supervised release included multiple conditions. Appellant did not object to any of these conditions at the sentencing hearing. Appellant appealed, arguing that the waiver of appeal provision in his plea agreement did not cover an appellate challenge to his supervised release conditions, and challenging four categories of his supervised release conditions. The First Circuit vacated one condition and affirmed the rest, holding (1) this appeal falls within the scope of Appellant’s waiver, and the waiver is valid; and (2) the condition that subjects Appellant to penile plethysmograph testing is plain error, but the remainder of the conditions challenged on appeal are affirmed. Remanded.
The court issued a subsequent related opinion or order on March 4, 2016.