United States v. Marte-De La Cruz, No. 16-2152 (1st Cir. 2017)Annotate this Case
The First Circuit dismissed Appellant’s appeal of his conviction for attempted illegal reentry into the United States following removal subsequent to a conviction for an aggravated felony and sentence to thirty-three months’ imprisonment, holding that Appellant waived his right to appeal as part of his plea agreement. Appellant pled guilty to the charge pursuant to a plea agreement. On appeal, Appellant argued that his prior conviction was not an aggravated felony or crime of violence. The First Circuit dismissed the appeal, holding (1) Appellant agreed to waive his right to appeal his conviction and sentence in this case, and that waiver was made knowingly and voluntarily; and (2) because enforcing the waiver would not work of miscarriage of justice, the waiver barred this appeal.