United States v. Diaz-Concepcion, No. 16-1407 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed Defendant’s conviction of possession of a firearm in furtherance of a drug trafficking crime, holding that the district court did not err, much less commit plain error, in accepting Defendant’s guilty plea.
Pursuant to a plea agreement, Defendant pleaded guilty to a one-count information charging him with possession of a firearm in furtherance of a drug trafficking crime. Consistent with the terms of the plea agreement, the district court imposed a sentence of eight years’ imprisonment. The First Circuit held (1) there was no error in the district court’s acceptance of Defendant’s guilty plea; and (2) even if Defendant established that an error occurred, in light of the strength of the government’s evidence and the substantial benefit Defendant received by pleading guilty, Defendant could not demonstrate a reasonable probability that he would not have pled guilty but for the purported error.