United States v. Angiolillo, No. 16-2045 (1st Cir. 2017)Annotate this Case
Although the First Circuit identified in this case an unsettled question about the scope of a waiver-of-appeal provision, the court assumed, without deciding, that the waiver was inapplicable in this instance. After reaching the merits of the appeal, the First Circuit affirmed the judgment of the district court resentencing Appellant to concurrent sentences of 120 months’ imprisonment and 151 months’ imprisonment. Pursuant to a written plea agreement, Appellant pleaded guilty to being a felon in possession of two firearms, distribution of cocaine base, and distribution of heroin. The agreement included a provision waiving Appellant’s right to appeal as long as the court sentenced him within the applicable guideline sentencing range. On appeal, the government argued that this appeal was barred by the waiver-of-appeal provision contained in the agreement. The First Circuit held that even if the appeal waiver did not extend to resentencing and Appellant had not forfeited his right to contest the waiver, the record disclosed no grounds upon which to vacate Appellant’s new sentence.