U.S. v. RÍOS-HERNÁNDEZ

No. 09-2545.

645 F.3d 456 (2011)

UNITED STATES of America, Appellee, v. Alvin RÍOS-HERNÁNDEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 2, 2011.


Attorney(s) appearing for the Case

Amy R. Silverman , with whom Alan D. Rose and Rose, Chinitz & Rose, were on brief for appellant.

Carmen M. Márquez , Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez , Unites States Attorney, Nelson Pérez-Sosa , Assistant United States Attorney, Chief, Appellate Division, and Luke Cass , Assistant United States Attorney, were on brief for appellee.

Before TORRUELLA, Circuit Judge, SOUTER, Associate Justice, and BOUDIN, Circuit Judge.


TORRUELLA, Circuit Judge.

Defendant-appellant Alvin Ríos-Hernández entered into a plea agreement with the government and pled guilty to one count of taking, by force and "with the intent to cause death or serious bodily harm . . . a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce" in violation of 18 U.S.C. § 2119. He now challenges (1) the validity of the waiver-of-appeal provision in the plea agreement...

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