United States v. Oppenheimer-Torres
Court of Appeals for the First Circuit
1Opinion of the Court
KAYATTA, Circuit Judge.
Defendant-appellant David Oppenheimer-Torres (“Oppenheimer”) appeals his sentence after pleading guilty of conspiring to possess and distribute illegal drugs near a public housing facility, in violation of 21 U.S.C. §§ 841(a)(1), 846, and 860, and of possessing a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A). Because the sentence was within the range specified in a plea agreement containing a waiver of appeal, because we find that the prosecutor’s false start in performing the prosecutor’s duties under that plea agreement…
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