United States First Circuit

District court's dismissal of defendant's 28 U.S.C. section 2255 petition to vacate, set aside or correct his sentence, for his racketeering and tax crimes, is affirmed where: 1) defendant has not demonstrated that his appellate waiver is invalid on the basis of a plain error challenge to the district court's compliance with Rule 11(b)(1)(N); 2) despite the failure of this plain error challenge to the Rule 11 procedure, appellate court retains jurisdiction to refuse to enforce the appellate waiver is such enforcement would work a miscarriage of justice; but 3) defendant has not demonstrated that enforcement of the waiver would result in a miscarriage of justice in this case.

Appellate Information

• Decided 08/04/2010
• Published 08/04/2010

Judges

• LIPEZ

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas J. Butters, Steven H. Breslow