United States v. Cabrera-Rivera, No. 15-1337 (1st Cir. 2018)Annotate this Case
In this appeal brought by a criminal defendant challenging the length of his terms of imprisonment and supervised release and several of the supervised release conditions, the First Circuit dismissed the appeal with the one exception of Defendant’s objection to one of his supervised release conditions, which the Court vacated and directed the district court to reconsider on remand.
Pursuant to a plea deal, Defendant pleaded guilty to possession of child pornography. The district court sentenced Defendant to a term of 108 months’ imprisonment and sentenced him to a 144-month term of supervised release with multiple conditions. On appeal, Defendant argued that his appeal waiver was not made knowingly and voluntarily or, in the alternative, that enforcing the waiver would result in a miscarriage of justice. After dismissing most of Defendant’s claims on appeal, the First Circuit vacated the condition that, by its terms, prevented Defendant from having any contact with his minor children without approval of a probation officer, holding that because no justification was given for imposing the condition and the condition implicated Defendant’s fundamental constitutional interest in his relationship with his children, the condition must be vacated.
The court issued a subsequent related opinion or order on July 11, 2018.