Remington v. United States, No. 16-2462 (1st Cir. 2017)Annotate this Case
The First Circuit vacated the judgment of the district court denying Appellant’s motion brought under 28 U.S.C. 2255 regarding his underlying criminal case on the ground that the motion must be dismissed. Pursuant to a plea agreement, Appellant pleaded guilty to one count of bank robbery and one count of using a firearm during a crime of violence. Under the plea agreement, Appellant waived his right to bring certain collateral challenges to either his convictions or his sentences. The district court sentenced Appellant to consecutive prison sentences for his two federal convictions. Seventeen years later, Appellant brought this section 2255 motion seeking to vacate his conviction for use of a firearm during the commission of a crime of violence and to vacate his sentence for bank robbery. The district court denied the motion. The First Circuit vacated the district court’s judgment, holding that the waiver in the plea agreement, combined with Appellant’s failure to argue in his briefs that the waiver was self-evidently inapplicable, barred Appellant from filing the motion.