United States v. Santiago

Defendant pleaded guilty to one count of failing to register as a sex offender. The plea agreement contained a waiver of appeal provision, which provided that if the court accepted the agreement and sentenced Defendant according to its terms, Defendant would be waiving and permanently surrendering his right to appeal the judgment and sentence. The court accepted Defendant’s guilty plea, and the district court judge sentenced Defendant to twelve months in prison and ten years supervised release. The judge imposed a number of special sex offender conditions as terms of Defendant’s supervised release. Defendant appealed, seeking to vacate the special sex offender conditions. The First Circuit dismissed in part, vacated in part, and remanded, holding that Defendant waived his right to appeal all of the special sex offender conditions of supervised release save the condition providing that Defendant could not use or possess sexually explicit material or frequent any establishments providing pornography or sexual services, as the condition was not announced at sentencing. View "United States v. Santiago" on Justia Law