No. 20-1245.

83 F.4th 34 (2023)

UNITED STATES of America, Appellee, v. Josué Xavier CHEVERES-MORALES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

September 29, 2023.

Attorney(s) appearing for the Case

John E. Mudd , with whom Law Offices of John E. Mudd was on brief, for appellant.

David C. Bornstein , Assistant United States Attorney, with whom W. Stephen Muldrow , United States Attorney, Mariana E. Bauzá-Almonte , Assistant United States Attorney, Chief, Appellate Division, and Gregory B. Conner , Assistant United States Attorney, were on brief, for appellee.

Before Montecalvo, Selya, and Thompson, Circuit Judges.

In this appeal, we train the lens of our inquiry on a claim of error not timely raised by defendant-appellant Josué Xavier Cheveres-Morales. Because this unpreserved claim involves a violation of the mandate rule and because the equities encourage a departure from the party presentation principle, we hold that we may consider...

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