United States First Circuit

Judgment against defendant for possession of child pornography is vacated where: 1) in plain error, the magistrate judge relied on the plea agreement and erroneously told defendant that the maximum possible period of supervised release was three years, and did not inform defendant that he could be sentenced to lifetime supervised release; 2) the error affected defendant's substantial rights as he has shown a reasonable probability that he would not have entered the guilty plea if he understood that it would lead to a lifetime of supervised release; and 3) the error seriously affected the fairness, integrity, or public reputation of judicial proceedings. Case is remanded with instructions that defendant be permitted to withdraw his guilty plea.

Appellate Information

• Decided 03/12/2009
• Published 03/12/2009

Judges

• LIPEZ, Circuit Judge., Before Lipez and Howard, Circuit Judges, and DiClerico, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ignacio Fernndez de Lahongrais for appellant.


• For Appellees:
  
• Rosa Emilia Rodriguez-Velez, United States Attorney, and Nelson Prez-Sosa, Assistant United States Attorney, for appellee.