Defendant pleaded guilty to possession with intent to distribute pursuant to a plea agreement. The agreement included an appeal waiver, which included collateral claims except claims based on ineffective assistance of counsel challenging the validity of defendant’s plea or appeal ...

Tagged with: Ineffective Assistance plea agreement Possession with Intent to Distribute

Defendant appealed the sentence imposed after he pleaded guilty, pursuant to a written plea agreement, to conspiring to distribute heroin. On appeal, defendant argued that his due process rights were violated at sentencing. Where the district court relied upon the ...

Tagged with: Conspiracy to Distribute Heroin due process plea agreement

Defendant pleaded guilty pursuant to a Rule 11(c)(1)(C) plea agreement and was sentenced according to that agreement. On appeal, defendant challenged the denial of her motion for a sentence reduction based on a retroactively lowered sentencing guidelines range. Defendant argued ...

Tagged with: Denial of Sentence Reduction plea agreement Retroactively Lowered Sentencing Range

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

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

Where a defendant, who pleaded guilty to unlawful possession of a firearm and conspiracy in furtherance of a drug-trafficking crime, challenged the district court’s application of a cross-reference in the advisory sentencing guidelines, the firearm was properly “cited in the ...

Tagged with: Criminal Law plea agreement sentencing

Defendant pleaded guilty to distribution of methamphetamine. In his plea agreement, defendant waived his right to appeal unless the district court imposed more than 10 years, the statutory minimum for his offense. Although the district court did not impose a ...

Tagged with: appeal waiver Criminal Law Distribution of CDS plea agreement

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