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U.S. v. BORRERO-ACEVEDO

No. 06-2655.

533 F.3d 11 (2008)

UNITED STATES of America, Appellee, v. Juan BORRERO-ACEVEDO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 10, 2008.

Attorney(s) appearing for the Case

Johnny Rivera González for appellant.

Thomas F. Klumper, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief for appellee.

Before LYNCH, Chief Judge, O'CONNOR, Associate Justice, and TORRUELLA, Circuit Judge.

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 11(b)(1)(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

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