No. 18-1400.

996 F.3d 57 (2021)

Jean C. FERNANDEZ-GARAY, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

April 30, 2021.

Attorney(s) appearing for the Case

Tim Bower Rodriguez , Tampa, FL, on brief for appellant.

W. Stephen Muldrow , United States Attorney, St. Petersburg, FL, Mariana E. Bauzá-Almonte , Assistant United States Attorney, Chief, Appellate Division, San Juan, PR; and Thomas F. Klumper , Assistant United States Attorney, Senior Appellate Counsel, on brief for appellee.

Before Lynch and Kayatta, Circuit Judges, and McElroy, District Judge.

Habeas Petitioner Appellant Jean C. Fernandez-Garay ("Fernandez" or "petitioner") pled guilty to one count of possession of a firearm in connection with a drug trafficking crime and entered into a plea agreement with the government which included a sixty-month joint sentencing recommendation...

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