Where a defendant filed a pro se brief, arguing that his guilty plea was involuntary due to cognitive impairments from medication, the record showed that he assured the district court that he was not impaired, and he acknowledged that he ...

Tagged with: appeal waiver Criminal Law Guilty Plea

Where a defendant appealed his sentence in a drug case, the defendant entered into a plea agreement and appeal waiver knowingly and voluntarily, and his challenge fell within the scope of the waiver, so his appeal is dismissed. Appeal is ...

Tagged with: appeal waiver Criminal Law plea agreement sentencing

Where a defendant challenged his sentence in a drug case, the defendant entered into a plea agreement and appeal waiver knowingly and voluntarily, and his challenge fell within the scope of the waiver, so his appeal is dismissed. Appeal is ...

Tagged with: appeal waiver Criminal Law plea agreement sentencing

Where a defendant appealed his sentence in a drug case, the defendant entered into a plea agreement and appeal waiver knowingly and voluntarily, and his challenge fell within the scope of the waiver, so his appeal is dismissed. Appeal is ...

Tagged with: appeal waiver Criminal Law plea agreement sentencing

Where a defendant directly appealed his sentence in a drug case, the appeal waiver in the plea agreement was enforceable, and there were no non-frivolous issues for appeal outside the scope of the waiver, so the appeal is dismissed. Appeal ...

Tagged with: appeal waiver Criminal Law plea agreement sentencing

Where a defendant challenged the application of guidelines enhancements and the reasonableness of his sentence, the appeal waivers were valid, applicable and enforceable, so the appeal is dismissed. Appeal is dismissed. U.S. v. Lleras-Rodriguez (MLW No. 73112/Case No. 18-2289 – ...

Tagged with: appeal waiver Criminal Law plea agreement sentencing

Where a defendant challenged his sentence in a drug case, the plea agreement included an appeal waiver, but the district court did not adequately explain the terms of the waiver at the change-of-plea hearing, so the waiver was not enforceable, ...

Tagged with: appeal waiver Criminal Law Explanation of Terms sentencing

Where a defendant directly appealed after her guilty plea to bank fraud, the appeal is dismissed because an appeal waiver was valid, enforceable and applicable to the issues raised. Appeal dismissed. U.S. v. Sharp (MLW No. 73079/Case No. 18-3590 – ...

Tagged with: appeal waiver Criminal Law sentencing

Defendant appealed from his guilty plea to drug and firearm offenses, pursuant to a plea agreement that contained an appeal waiver. On appeal, appellate counsel’s Anders brief raised questions of trial counsel’s ineffectiveness for failing to object to Guidelines enhancements ...

Tagged with: appeal waiver Criminal Law ineffective assistance of counsel Substantive Reasonableness of Sentence

  Defendant pleaded guilty to conspir ing to distribute cocaine and possessing a firearm in furtherance of drug trafficking. Defendant executed an appeal waiver, unless his sentence exceeded the statutory maximum. The district court imposed a total sentence within the ...

Tagged with: appeal waiver Conspiring to Distribute Cocaine Excessive Sentence

  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 ...

Tagged with: appeal waiver Criminal Law Use of Sentencing Enhancement wire fraud