United States v. Boudreau, No. 21-1973 (1st Cir. 2023)
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The First Circuit dismissed Appellant's appeal from his plea of guilty to two of thirty-four child pornography possession charges for which he was indicted, holding that Appellant's waiver of appeal was valid and enforceable.
Pursuant to a plea agreement, Appellant pled guilty to counts nineteen and thirty-four of the indictment, and the government dismissed the remaining thirty-two counts. The plea agreement contained a waiver of appeal clause. Appellant testified under oath that he understood the terms of the agreement, including the waiver of appeal. The district court imposed a sentence at the top of the Guidelines range and a lifetime term of supervised release. Appellant appealed, challenging the procedural and substantive reasonableness of his sentence. The First Circuit dismissed the appeal, holding that Appellant's waiver of appeal was valid, enforceable, and barred further consideration of his arguments.
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