United States v. Nieves-Melendez, No. 19-1331 (1st Cir. 2023)
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The First Circuit affirmed Defendant's conviction and sentence for possession with intent to distribute marijuana and possession of firearms in furtherance of a drug trafficking crime, holding that Defendant's arguments on appeal were unavailing.
At issue on appeal were the district court's drug-quantity calculation for sentencing and its denial of Defendant's motion to withdraw his guilty plea. The First Circuit affirmed, holding (1) because Defendant's combined sentence exceeded sixty-six months, the waiver of appeal provision in Defendant's plea agreement did not apply; (2) the district court did not abuse its discretion in denying Defendant's motion to withdraw his guilty plea; and (3) the district court did not commit plain error in its drug-quantity calculation for sentencing.
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