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

Where a defendant who pleaded guilty to the attempted sexual exploitation of a minor argued that the district court erred in making his sentences consecutive, the appeal waiver was ambiguous so it will not be enforced, and the judgment is ...

Tagged with: appeal waiver Consecutive Sentences sentencing

Where a defendant who pleaded guilty in a child-pornography-production case challenged the sentence and the voluntariness of his plea, the appeal waiver was valid, enforceable and applicable to the issues raised in the appeal, so the appeal is dismissed, and ...

Tagged with: appeal waiver sentencing

Defendant pleaded guilty, pursuant to a plea agreement containing an appeal waiver, to Hobbs Act robbery and a firearms offense. On appeal, defendant argued that the district court erred in classifying defendant as a career offender, and further challenged the ...

Tagged with: appeal waiver Career Offender Hobbs Act Robbery

Where a defendant who pleaded guilty in a methamphetamine-conspiracy case challenged her sentence, an appeal waiver was enforceable and applicable to the issue raised, so the appeal is dismissed. Appeal dismissed. U.S. v. Rojo (MLW No. 73753/Case No. 18-3370 – ...

Tagged with: appeal waiver sentencing