United States v. Spinks, No. 21-1796 (1st Cir. 2023)
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The First Circuit dismissed Appellant's appeal from the 115-month sentence imposed by the district court upon his guilty plea to one count of conspiracy to distribute and possess with intent to distribute cocaine base and heroin, holding that Appellant's challenge to his sentence was barred.
Pursuant to a plea agreement, Appellant pled guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine base and heroin. As part of his plea agreement, Appellant agreed to waive his right to appeal. The district court imposed a sentence of 115 months of imprisonment. The First Circuit dismissed Appellant's appeal, holding (1) contrary to Appellant's contention, the language of the plea agreement's waiver provision covered this appeal; and (2) enforcing the waiver did not constitute a miscarriage of justice because it was entered into knowingly.
The court issued a subsequent related opinion or order on March 30, 2023.
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