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