United States v. Morillo, No. 17-1506 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed Defendant’s sentence of 168 months in prison imposed in connection with his guilty plea to conspiracy to distribute and possess with intent to distribute oxycodone and cocaine, holding that Defendant’s appeal waiver was enforceable and barred his appeal.
Defendant’s guilty plea, the result of a plea bargain with the government, included an express waiver of Defendant’s right to appeal his conviction or sentence if his sentence rested on a base offense level no lower than twenty-six and no higher than thirty. At sentencing, the district judge ruled that Defendant had a base offense level of thirty. The First Circuit held that Defendant’s appeal waiver barred his challenges to his sentence because he failed to meet the plain error test set forth in United States v. Borrero-Acevedo, 533 F.3d 11 (1st Cir. 2008), or to establish that that the miscarriage of justice exception established in United States v. Teeter, 257 F.3d 14 (1st Cir. 2001), applied.