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U.S. v. ORTIZ-GARCÍA

No. 10-2323.

665 F.3d 279 (2011)

UNITED STATES of America, Appellee, v. Samuel ORTIZ-GARCÍA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 7, 2011.

Attorney(s) appearing for the Case

Rafael F. Castro Lang , by Appointment of the Court, for appellant.

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

Before LYNCH, Chief Judge, TORRUELLA and STAHL, Circuit Judges.

STAHL, Circuit Judge.

Defendant-appellant Samuel Ortiz-García (Ortiz) executed a plea agreement and entered a guilty plea without ever having been informed that the maximum penalty for the crime to which he was pleading guilty was life imprisonment. Ortiz ultimately received a sentence of 360 months, though his plea agreement recommended 120 months. Ortiz argues that the waiver of appeal provision in his plea agreement is unenforceable, that the district court...

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