United States v. Doe, No. 17-2134 (1st Cir. 2022)
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The First Circuit affirmed Defendant's conviction, entered upon his guilty plea, for one count of being a felon in possession of a firearm and sentence of fifteen years of incarceration followed by three years of supervised release, holding that Defendant was not entitled to relief on his allegations of error.
Specifically, the Supreme Court held (1) Defendant failed to establish plain error on his argument that his plea colloquy was facially invalid because of an omission that rendered his guilty plea unknowing and involuntary; (2) Defendant waived his right challenge the sufficiency of the indictment by pleading guilty; (3) although Defendant's challenge to the government's failure to file substantial assistance motions fell outside the scope of the appeal waiver, this Court nevertheless holds that the district court did not err in declining to hear evidence before sentencing; (4) Defendant's prior convictions under the Massachusetts drug distribution statute were properly characterized as Armed Career Criminal Act predicates; and (5) the district court did not err in deciding to proceed with sentencing despite argument from defense counsel that the government had failed to honor the terms of a cooperation agreement.
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