United States First Circuit

Appeal from a conviction for conspiracy to commit access device fraud and aggravated identity theft is dismissed where: 1) defendant validly waived his right to appeal the guideline sentence imposed by the district court in the plea agreement; and 2) enforcing the waiver would not work a miscarriage of justice in light of the First Circuit's subsequent decision in US v. Stepanian.

Appellate Information

• Decided 06/26/2009
• Published 06/26/2009

Judges

• LIPEZ, Circuit Judge., Before TORUELLA, BALDOCK, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Eugene Patrick Harris, with whom Mark J. Geragos and George G. Buehler were on brief, for appellant.


• For Appellees:
  
• Donald C. Lockhart, Assistant United States Attorney, with whom Robert Clark Corrente, United States Attorney, and Lee H. Vilker, Assistant United States Attorney, were on brief, for appellee.