Legal Opinion
United States v. Borrero-Acevedo
Court of Appeals for the First Circuit
Decided July 10, 2008No. 06-2655PublishedCited by 248 opinions
1Opinion of the Court
LYNCH, Chief Judge.
We apply, for the first time, the Supreme Court’s recent plain error decisions to a defendant’s unpreserved claim of Rule ll(b)(l)(N) error as to a waiver of appeal clause at the change-of-plea hearing. See United States v. Dominguez Benitez, 542 U.S. 74, 124 S.Ct. 2333, 159 L.Ed.2d 157 (2004); United States v. Vonn, 535 U.S. 55, 122 S.Ct. 1043, 152 L.Ed.2d 90 (2002); cf. United States v. Teeter, 257 F.3d 14 (1st Cir.2001).
In doing so, we join the other circuits to have considered the question and hold that the plain error standard applies to unpreserved claims of…
2Cases cited21 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Hill v. LockhartSupreme Court of the United States · 1985
- Johnson v. United StatesSupreme Court of the United States · 1997
- Hill v. United StatesSupreme Court of the United States · 1962
- United States v. Dominguez BenitezSupreme Court of the United States · 2004
16 more not listed; retrieve them via the Exa API.
3Cited by248 opinions
- United States v. Carrasco-De-JesusCourt of Appeals for the First Circuit · 2009
- United States v. Delgado-MarreroCourt of Appeals for the First Circuit · 2014
- United States v. BrandaoCourt of Appeals for the First Circuit · 2008
- United States v. CorsoCourt of Appeals for the Third Circuit · 2008
- United States v. GeorgeCourt of Appeals for the First Circuit · 2012
243 more not listed; retrieve them via the Exa API.