Where a defendant in a drug and firearm case challenged the imposition of his below-guidelines sentence, the appeal is dismissed because the appeal waiver was enforceable because the defendant entered the agreement knowingly and voluntarily. Appeal dismissed. U.S. v. Dothage ...

Tagged with: appeal waiver Criminal Law sentencing

Where a defendant in a second-degree murder case challenged his sentence, arguing that the district court committed procedural and substantive error in its calculations, the defendant did not show that the government breached the plea agreement, so the appeal waiver ...

Tagged with: appeal waiver Criminal Law plea agreement

Where a defendant challenged his sentence in a felon-in-possession case, the appeal is dismissed because an appeal waiver was enforceable and was applicable to the issues raised, and counsel is granted permission to withdraw. Appeal is dismissed. U.S. v. Draper ...

Tagged with: appeal waiver Career Offender Criteria Criminal Law Enhancement sentencing

Where a defendant challenged his sentence in a firearm case, the appeal waiver was enforceable because the record showed that the defendant entered into the plea agreement and waiver knowingly and voluntarily, his challenge to the sentence fell within the ...

Tagged with: appeal waiver Criminal sentencing

Where a defendant challenged her sentence in a wire-fraud case, arguing that an appeal waiver should not be enforced, the judgment is affirmed because the waiver was valid and enforceable and the defendant’s sentencing claims fell within the scope of ...

Tagged with: appeal waiver Criminal Law sentencing

Where a defendant argued that the government breached a plea agreement by providing her self-incriminating proffered statements to the probation officer in order to support the drug-quantity calculations and to establish a base offense level for sentencing, the defendant failed ...

Tagged with: appeal waiver Breach Criminal plea agreement

Defendant appealed the sentence imposed following his guilty plea to enticement of a minor using the internet, pursuant to a plea agreement containing an appeal waiver. On appeal, defendant argued that the district court imposed a substantive unreasonable sentence. Where ...

Tagged with: appeal waiver Criminal Enticing a Minor

U.S. v. Mujica-Aranda (MLW No. 68493/Case No. 15-2174 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: appeal waiver Criminal Law plea agreement sentencing

U.S. v. Doering (MLW No. 66666/Case No. 12-2564 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)

Tagged with: appeal waiver Criminal Law plea agreement restitution

U.S. v. Guzman (MLW No. 64702/Case No. 12-1592 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)

Tagged with: appeal waiver Breach Criminal Law plea agreement

U.S. v. Baker (MLW No. 63505 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Tagged with: appeal waiver Criminal Law Gruender plea agreement sentencing