United States v. Rivera-Lopez
736 F.3d 633
| 1st Cir. | 2013Background
- Rivera-López pleaded guilty to firearms charge; four narcotics counts were dismissed in exchange for a sixty-month sentence and a five-year supervised release.
- The district court imposed a six-month curfew and 24-hour electronic monitoring during the initial six months of supervised release.
- Rivera objected at sentencing, arguing the conditions were not tied to the crime and differed from co-defendants' sentences.
- Rivera waived appellate review of judgments and sentences that complied with the plea agreement, including the conditions at issue.
- Rivera appeals the curfew and electronic monitoring as challenged supervised-release conditions amounting to miscarriage of justice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the waiver of appeal bar challenges to supervised-release conditions? | Rivera argues miscarriage-of-justice exception should permit review. | Waiver covers all judgments consistent with the agreement, including these conditions. | Yes; the waiver extends to the challenged conditions. |
| Are the curfew and electronic monitoring sufficiently related to legitimate goals and not a miscarriage of justice? | Conditions are unrelated to the crime and overbroad, lacking justification. | Conditions aid rehabilitation and are supported by Rivera's history and record. | Conditions are sufficiently related to legitimate sentencing goals; no miscarriage. |
| Does disparity among co-defendants’ sentences undermine the waiver analysis? | Disparity suggests error and misuse of conditions outside Rivera’s case. | Disparity is not before us and does not rebut the waiver or assessment of reasonableness. | Disparity arguments do not defeat the waiver here. |
Key Cases Cited
- United States v. Teeter, 257 F.3d 14 (1st Cir. 2001) (miscarriage-of-justice exception to waiver is narrow)
- United States v. Nguyen, 618 F.3d 72 (1st Cir. 2010) (careful, fact-specific miscarriage standard)
- United States v. Miliano, 480 F.3d 605 (1st Cir. 2007) (require more than reversible error to overcome waiver)
- United States v. Brown, 235 F.3d 2 (1st Cir. 2000) (reasonableness of conditions tied to goals of release)
- United States v. Garrasteguy, 559 F.3d 34 (1st Cir. 2009) (court may infer reasoning from proceedings and reports)
- United States v. Jiménez-Beltre, 440 F.3d 514 (1st Cir. 2006) (en banc; inference of court's reasoning acceptable)