Sentencing/Appeal Waivers – A defendant’s appeal waiver remains binding and in effect even when the Government objects to a sentence imposed by the district court that is above the range stipulated to or recommended by the Government in the plea agreement.
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.
The Government had stipulated to a recommended sentence in the plea agreement, but by objecting to the district court sentence exceeding their recommendation, the Government “did not intentionally relinquish or curtail any right it received in the bargain, including its right to enforce the appeal waiver.” Here, the Government’s decision to object to the sentence did not alter the terms of the waiver.
Appeal from Middle District of Alabama
Opinion by E. Carnes, joined by J. Carnes and Clevenger (by designation from the Fed. Circuit)