Where a defendant challenged his sentence and restitution order in a child-pornography case, the restitution order survived the appeal waiver because the order was not authorized by the statute, so the restitution order is vacated, but the prison sentence was ...

Tagged with: appeal waiver restitution sentencing

Defendant pleaded guilty to a drug offense pursuant to a plea agreement that contained an appeal waiver. Defendant appealed his above-guidelines sentence as substantively unreasonable. Where defendant’s appeal fell within the scope of his appeal waiver, the court dismissed the ...

Tagged with: Above-Guidelines Sentence appeal waiver Drug Offense

Where a defendant directly appealed after pleading guilty to multiple offenses, the appeal waiver was valid and enforceable and applied to the argument, so the judgment is affirmed. Judgment is affirmed. Diaz-Aburto v. U.S. (MLW No. 73543/Case No. 18-2599 – ...

Tagged with: appeal waiver sentencing

Defendant appealed from her sentence, imposed pursuant to a plea agreement that contained an appeal waiver. Where defendant’s appellate argument fell within the scope of her appeal waiver, the court dismissed her appeal. Appeal is dismissed. U.S. v. Beckley (MLW ...

Tagged with: appeal waiver Drug and Firearm Offenses plea agreement

  Defendant pleaded guilty to drug and firearms offenses pursuant to a plea agreement that included an appeal waiver. On appeal, defendant argued that the government made an argument that breached the plea agreement and thus he should be resentenced ...

Tagged with: appeal waiver Drug and Firearm Offenses plea agreement

Defendant pleaded guilty to drug and firearm offenses pursuant to a plea agreement containing an appeal waiver. On appeal, defendant challenged the substantive reasonableness of his sentence. Where defendant’s argument was within the scope of his appeal waiver, the court ...

Tagged with: appeal waiver Drug and Firearm Offenses plea agreement

Where a defendant who pleaded guilty to sexual exploitation of a child challenged the substantive reasonableness of his sentence, the appeal is dismissed because the defendant waived his right to appeal as part of his plea agreement, and the waiver ...

Tagged with: appeal waiver sentencing

Where a defendant challenged his sentence in a drug-offense case, the defendant’s plea agreement included a valid, applicable and enforceable appeal waiver, so the appeal is dismissed. Appeal dismissed. U.S. v. Soto-Zazueta (MLW No. 73484/Case No. 18-3036 – 2 pages) ...

Tagged with: appeal waiver sentencing

Defendant pleaded guilty to a drug offense pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged her sentence. Where defendant’s appellate argument fell within the scope of her appeal waiver, the court dismissed the appeal. ...

Tagged with: appeal waiver Drug Offense plea agreement

CWhere a defendant who pleaded guilty in a drug-conspiracy case challenged his sentence as substantively unreasonable, the appeal waiver executed as part of the plea agreement was valid and enforceable and applicable to the issues that the defendant raised, so ...

Tagged with: appeal waiver Validity

Where a defendant challenged his sentence in a drug-conspiracy case, the appeal waiver in the defendant’s plea agreement was valid, applicable and enforceable, so the appeal is dismissed. Argument section Dissenting opinion by Stras, J.: “We should hold counsel to ...

Tagged with: Anders appeal waiver sentencing