United States First Circuit

In this case, defendant pled guilty to failing to register as a sex offender and was sentenced to twelve months in prison. The district court also sentenced defendant to ten years of supervised release and imposed a number of special conditions of supervised release. Defendant challenges three of those conditions. Defendant's appeal is dismissed, where: 1) defendant knowingly and voluntarily agreed to accept the "waiver of appeal" provision in his plea agreement; 2) the plea agreement made no recommendation regarding terms of supervised release, and so, in imposing conditions of supervised release, the district court imposed a sentence that was still "according to the terms, conditions, and recommendations" of that agreement; and 3) because defendant's appeal of the supervised release conditions is an appeal of the "judgment and sentence" in his case, this appeal falls within the scope of the waiver.

Appellate Information

• Decided 03/11/2015
• Published 03/11/2015

Judges

• Barron

Court

• United States First Circuit

Counsel