United States First Circuit

Vacated in part and remanded. In a plea agreement, defendant agreed to plead guilty to a possession of child pornography, a charge with no minimum mandatory sentence and the government agreed to dismiss the charge with a mandatory 15-year sentence. Further, the parties agreed to a 108-month sentence. Defendant also agreed to waive his right to appeal. The district court adopted the parties agreement and sentence defendant to 108 months and a 144 month term of supervised release with conditions. Defendant now challenged the sentence lengths and said his waiver of appeal was not made knowingly. The appeals court dismissed his appeal of the terms of sentence and supervised release, but vacated the condition of supervised release that prevents him from having any contact with his own minor children.

Appellate Information

• Published 2018/06/20

Judges

• Lizpez

Court

• United States First Circuit

Counsel