United States v. Davis, No. 17-2100 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the sentence imposed by the district court in connection with Appellant's plea of guilty to sex trafficking crimes pursuant to a plea agreement, holding that Appellant's claims on appeal failed.
Appellant pleaded guilty pursuant to a plea agreement and was sentenced to 216 months of imprisonment. Appellant appealed, seeking a new sentencing hearing partially on the grounds that the prosecution breached the plea agreement by providing information to Probation and the court regarding victims of sex trafficking who were either covered by counts that were dismissed as part of the plea agreement or who were never included in any counts in the indictment. The First Circuit affirmed, holding (1) Appellant's breach claim fell within the plain language of the exemption from the appellate waiver in the plea agreement; (2) the government did not breach the plea agreement; and (3) the appellate waiver in the plea agreement barred Appellant's appeal on the issue of inadequate notice regarding victim statements presented at the sentencing hearing.