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Criminal Law: Wire Fraud-Appeal Waiver-Use of Sentencing Enhancement
Staff Report//April 1, 2019//
Defendant pleaded guilty to wire fraud and aggravated identity theft, pursuant to a plea agreement. In the agreement, defendant waived her right to appeal, except as to a claim that her sentence exceeded the statutory maximum. On appeal, defendant’s counsel raised the application of an unlawful-use-of-identification enhancement as a potential issue on appeal.
Where the use of a sentencing enhancement did not fall within the exception to an appeal waiver, defendant’s appeal was dismissed for a lack of non-frivolous issues.
Judgment is affirmed.
U.S. v. Topel (MLW No. 72957/Case No. 18-2168 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri
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