Appeal Waivers

The Federal Docket

United States v. Goodall (9th Cir. October 2021)

The Ninth Circuit affirmed a defendant’s conviction and sentence after he argued that they were illegal in light of US v. Davis, where SCOTUS held that conspiracy to commit Hobbs Act robbery is not a predicate crime of violence under 924(c). The Court held that the defendant’s challenge was foreclosed by his appeal waiver, and the exception to appellate waivers from US v. Torres only applies to illegal sentences, not convictions.

United States v. Icker (3rd Cir. September 2021)

The Third Circuit held that the district court had plainly erred in imposing a condition of supervised release requiring the defendant to register as a sex offender under SORNA where the defendant did not have a conviction for a “sex offense” under SORNA’s definitions. The defendant was convicted of depriving the civil rights of individuals under color of law by using his position as a police officer to coerce women to engage in sexual conduct with him. The Court also held that since he was not notified of SORNA’s requirements prior to his sentencing, his appellate waiver was not entered into knowingly and voluntarily.

United States v. Darin Lewis (11th Cir. June 2019)

The Court held that the defendant had waived his right to appeal through his plea agreement with the Government despite the Government joining his objection to the district court that the sentence imposed was unreasonable.

United States v. Michael St. Hubert (11th Cir. November 2018)

The Court held that the defendant’s guilty plea did not waive his right to appeal his conviction on the ground that the language of his statute-of-conviction did not define an offense. The Court also held that attempted Hobbs Act Robbery is a “crime of violence” under the conduct-based approach to § 924(c) offenses recently announced in Ovalles.

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