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United States v. DelVecchio, 77 F.3d 460, 1st Cir. (1996)
United States v. DelVecchio, 77 F.3d 460, 1st Cir. (1996)
3d 460
DelVecchio now argues, among other points, that the government's refusal to
file the motion and its drafting of the agreement were done in "bad faith"
allegedly in violation of law and that the district court erred in refusing to grant
a downward departure. The fatal flaw in these arguments is that the defendant
failed to raise them in the district court, and we decline to entertain them now.
See, e.g., United States v. Carvell, --- F.3d ---, ---, No. 95-1606, slip op. at 15
(1st Cir. Jan. 19, 1996) ("[I]ssues not raised below will not be heard on appeal
unless there was plain error."). Moreover, in addition to failing to raise these
arguments below, DelVecchio now points to nothing in the record outside the
plea agreement itself as even indicating bad faith or motive on the part of the
government. Accordingly, we believe that DelVecchio has failed to establish
any error sufficiently obvious and substantial to survive "plain error" review.
Affirmed.