Where a defendant challenged the substantive reasonableness of his sentence, the defendant pleaded guilty pursuant to a plea agreement that contained an appeal waiver, and the appeal waiver was valid, applicable and enforceable, so the judgment is affirmed. Judgment ...

Tagged with: appeal waiver sentencing

Where a defendant challenged the substantive reasonableness of his sentence, the defendant pleaded guilty pursuant to a plea agreement that contained an appeal waiver, and the appeal waiver was valid, applicable and enforceable, so the judgment is affirmed. Judgment is ...

Tagged with: appeal waiver sentencing

Where a defendant challenged the voluntariness of his guilty plea and the effectiveness of his attorneys, the defendant knowingly and voluntarily entered a plea agreement, so the included appeal waiver was enforceable, and the judgment is affirmed. Judgment is affirmed. ...

Tagged with: appeal waiver plea agreement

Where a defendant challenged the enhancement of his sentence in a bank robbery case for reckless endangerment during flight, the defendant waived the argument in his plea agreement, so the judgment is affirmed. Judgment is affirmed. U.S. v. Molden (MLW ...

Tagged with: appeal waiver Enhancement sentencing

Where a defendant argued on appeal that the government breached the plea agreement, his criminal history was overrepresented and the sentence was improper, the arguments were within the scope of an appeal waiver, and the defendant entered into the plea ...

Tagged with: appeal waiver sentencing

Defendant appealed the below-guidelines sentence imposed after he pleaded guilty to a drug offense pursuant to a plea agreement containing an appeal waiver. On appeal, defendant challenged the enforceability of the appeal waiver and the substantive reasonableness of his sentence. ...

Tagged with: appeal waiver Below-Guidelines Sentence Drug Offense

Defendant appealed after pleading guilty to Hobbs Act robbery offenses pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant argued that the government breached the plea agreement and challenged the sufficiency of evidence and the constitutionality ...

Tagged with: appeal waiver Hobbs Act Robbery plea agreement

Where a defendant challenged the denial of his renewed motion for a sentence reduction, the record showed that the defendant knowingly and voluntarily entered into a plea agreement, which included an appeal waiver, so the judgment is affirmed. Judgment is ...

Tagged with: appeal waiver sentencing

Where a defendant challenged his conviction and sentence in a felon-in-possession case, the defendant’s appeal waiver was valid and enforceable and applies to the issue raised on appeal, so the appeal is dismissed. Appeal dismissed. U.S. v. Ihnken (MLW No. ...

Tagged with: appeal waiver sentencing

Defendant appealed his within-guidelines sentence entered after he pleaded guilty to a drug offense pursuant to a plea agreement containing an appeal waiver, challenging his classification as a career offender. Where defendant’s challenge to his classification as a career offender ...

Tagged with: appeal waiver Career-Offender Classification Drug Offense

Where a defendant challenged his sentence as a career offender and argued that his counsel was ineffective, the appellate court declined to consider any claims of ineffective assistance on direct appeal, and the appeal waiver is enforced as to the ...

Tagged with: appeal waiver Assistance Of Counsel sentencing