United States v. Colon-Rosario, No. 17-2122 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the judgment of the district court sentencing Appellant to a prison term of 240 months after Appellant pleaded guilty to transporting a minor with the intent to engage in criminal sexual activity, holding that there was no plain error in the judgment below.
On appeal, Appellant claimed that the prosecutor engaged in various incidents of an alleged breach of the plea agreement during the disposition hearing. The First Circuit disagreed, holding (1) the waiver-of-appeal provision in the plea agreement did not apply to the sentence actually imposed by the district court; (2) the government's statement that it made a "sweetheart deal" to avoid exposing the victim to the rigors of trial did not breach the agreement; (3) the prosecutor did not breach the agreement by recounting the offense characteristics and explaining why those characteristics justified the prosecutor's recommended sentence; and (4) the prosecutor did not breach the agreement by undermining the foundation on which the the prosecutor's proposed sentence rested.