United States v. Morales-Arroyo, No. 15-1185 (1st Cir. 2017)Annotate this Case
Pursuant to a written plea agreement, Defendant pleaded guilty to unlawful possession of firearms in furtherance of a drug trafficking crime and possession of crack cocaine with intent to distribute. The plea agreement included a provision titled “Waiver of Appeal.” The district court accepted Defendant’s plea and sentenced him to 132 months in prison. Defendant appealed, challenging the reasonableness of his sentence. With regard to the waiver provision Defendant argued that the provision did not apply to this appeal and, alternatively, that enforcing it “would work a miscarriage of justice.” The First Circuit dismissed the appeal, holding that Defendant’s waiver was both valid and enforceable and, therefore, the Court’s consideration of this appeal on the merits was barred.