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United States v. Rojas
780 F.3d 68
1st Cir.
2015
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Background

  • Marcos Rojas pled guilty to failing to register as a sex offender under SORNA 18 U.S.C. § 2250(a).
  • District Court sentenced him to 12 months in prison and 10 years of supervised release with several special conditions.
  • Rojas appealed three supervised-release conditions: sex-offender treatment, mental-health treatment, and pornography prohibition without PO approval.
  • A waiver of appeal in the plea agreement covered the judgment and sentence; Rojas concedes the waiver was knowingly and voluntarily entered.
  • Rojas argues the waiver does not extend to challenges about supervised-release conditions because the agreement stated no recommendation on those terms.
  • The First Circuit held the waiver covers the contested appeal, grounding its ruling in prior waiver precedents.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Does the waiver of appeal bar challenge to supervised-release conditions? Rojas argues waiver excludes such challenges. Government contends waiver covers judgment and sentence including terms. Yes; appeal dismissed as within waiver scope.

Key Cases Cited

  • United States v. Santiago, 769 F.3d 1 (1st Cir. 2014) (waiver language precludes appeal of supervised-release terms absent explicit exception)
  • United States v. Rivera-López, 736 F.3d 633 (1st Cir. 2013) (waivers preclude appeal of judgment and sentence when no recommendations on release terms)
  • United States v. Teeter, 257 F.3d 14 (1st Cir. 2001) (baseline requirement that waivers be knowingly and voluntarily entered)
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Case Details

Case Name: United States v. Rojas
Court Name: Court of Appeals for the First Circuit
Date Published: Mar 11, 2015
Citation: 780 F.3d 68
Docket Number: 13-2525
Court Abbreviation: 1st Cir.