United States v. Fernandez-Cabrera
625 F.3d 48
| 1st Cir. | 2010Background
- Fernandez-Cabrera pleaded guilty to one count of illegal reentry after deportation.
- Plea agreement contemplated a joint recommendation to sentence at the lower end of the guidelines, within a 30-37 month range.
- District court rejected the joint recommendation and imposed a 33-month sentence in the middle of the range.
- The district court cited the defendant's five prior illegal entries and prior U.S. convictions as rationale for a mid-range sentence.
- The defendant appealed arguing lack of advance notice of deviation from the joint recommendation and inadequate explanation; the government argued waiver-of-appeal and lack of merit.
- The plea agreement included a waiver of appeal if the district court followed the sentencing recommendations contemplated in the agreement; the court did not follow that exact recommendation, affecting waiver analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is barred by the waiver of appeal. | Fernández-Cabrera argues waiver prevents appeal. | N/A | Waiver viable only if court sentenced as contemplated; appeal allowed. |
| Whether the court gave advance notice of deviation from the joint recommendation. | Fernández-Cabrera relies on Burns to require notice. | N/A | Notice not required because sentence remained within the GSR and post-Booker regime changed notice expectations. |
| Whether the mid-range sentence was adequately explained under 3553(a). | Fernández-Cabrera contends explanation insufficient. | N/A | District court’s rationale citing recurring illegal entries and aims of sentencing adequate. |
| Whether the court’s reliance on PSI facts without objection was proper. | Fernández-Cabrera objects to use of PSI facts. | N/A | Unobjected PSI facts are reliable for sentencing purposes. |
| Whether Burns notice would have altered the outcome after Booker. | Fernández-Cabrera argues Burns governs pre-Booker notice. | N/A | Booker advisory regime forecloses Burns notice expansion in this context. |
Key Cases Cited
- Burns v. United States, 501 U.S. 129 (1991) (notice required for non-PSI departures from the GSR (pre-Booker context))
- Irizarry v. United States, 553 U.S. 708 (2008) (post-Booker advisory guidelines; limits Burns notice expansion)
- Gall v. United States, 552 U.S. 38 (2007) (reasonableness review of sentences under 18 U.S.C. § 3553(a))
- United States v. Vega-Santiago, 519 F.3d 1 (1st Cir. 2008) (post-Booker considerations of within-range sentences)
- United States v. Acosta-Roman, 549 F.3d 1 (1st Cir. 2008) (waiver interpretation favors appeal where agreement not followed)
- United States v. McCoy, 508 F.3d 74 (1st Cir. 2007) (waiver-of-appeal enforceability with ambiguities resolved in favor of appeal)
- United States v. Teeter, 257 F.3d 14 (1st Cir. 2001) (waiver and appellate rights in plea agreements)
- United States v. Carrasco-De-Jesús, 589 F.3d 22 (1st Cir. 2009) (reasonableness review of within-range sentences)
- United States v. Jiménez-Beltre, 440 F.3d 514 (1st Cir. 2007) (en banc; considerations in explaining within-range sentences)
- United States v. Deppe, 509 F.3d 54 (1st Cir. 2007) (reasonableness of sentence within guideline range)