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April 17, 2008

CA1: District Court misunderstanding plea agreement wasn’t that bad

US v. Cardona-Diaz, No. 06-2315.  A guy was arrested.  He plead guilty and executed an appeal waiver.  The government agreed to recommend a sentence of 87 months.  The District Court said that the parties “agreed” on such a sentence.  Nobody objected to this characterization.  The First says that this is “troubling” but it isn’t a “miscarriage of justice” under United States v. Teeter, 257 F.3d 14, 23 (1st Cir. 2001).

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