Summary
The First Circuit enforced an appeal waiver in a drug conspiracy case, holding that no miscarriage of justice occurred where the district court properly applied the First Step Act, correctly calculated the guidelines, and imposed a below-guideline sentence that accounted for the defendant's cooperation. The court rejected the defendant's argument that the government's sentencing recommendation, which did not fully account for the First Step Act, rendered the waiver unenforceable. Key topics: appeal waiver enforcement, miscarriage of justice standard, First Step Act application, § 5K1.1 substantial assistance departures, and drug conspiracy sentencing.
Topics
Practice areas
Questions Presented
- Whether the appeal waiver should be set aside on the ground that upholding it would result in a miscarriage of justice because the district court allegedly erred in its consideration of the First Step Act and the government's sentencing recommendation.
Holdings
- The appeal waiver controls; there was no miscarriage of justice. The district court correctly calculated the guideline range, recognized the First Step Act's impact, and imposed a sentence below the government's recommendation and below the guideline range. The court did not commit any error that would rise to the level of a miscarriage of justice.
Key quotations
“There was no miscarriage of justice, and the appeal waiver controls.” (10)
“The appeal is dismissed.” (11)
Factual background
Valdez was a leader in a major drug conspiracy distributing heroin, fentanyl, cocaine, and opioids across Rhode Island, Massachusetts, and Connecticut. He was arrested in 2017 and pleaded guilty in 2018 with an appeal waiver. The plea agreement capped his sentencing exposure by limiting the government's § 851 enhancement to one prior conviction. After the First Step Act was enacted before sentencing, the district court imposed a sentence of 108 months, below both the guideline range and the government's recommendation.
Procedural history
Valdez pleaded guilty pursuant to a plea agreement and was sentenced to 108 months' imprisonment. He appealed, arguing that the appeal waiver should be set aside due to a miscarriage of justice.