United States First Circuit

Conviction for distributing cocaine base pursuant to a plea agreement is affirmed, where: 1) the district court did not err in denying defendant's motion to withdraw his guilty plea and to hold an evidentiary hearing in connection therewith; and 2) the waiver of appeal provision in defendant's plea agreement is enforceable and enforcement thereof would not result in a miscarriage of justice; but 3) defendant may raise an ineffective assistance of counsel claim by way of a petition for collateral review.

Appellate Information

• Decided 03/13/2013
• Published 03/13/2013

Judges

• SELYA

Court

• United States First Circuit

Counsel