Compiled by Law Week’s news staff
Editor’s note: The 10th Circuit Court of Appeals issued 11 opinions last week. Below are opinions for the two cases originating in U.S. District Court for the District of Colorado – Denver. Summaries are pulled directly from court opinions and edited for clarity and space.
TENTH CIRCUIT COURT OF APPEALS
United States v. Garcia-Ramirez
After entering into a plea agreement that included an appeal waiver, Marcos Garcia-Ramirez pleaded guilty to one count of illegal re-entry to the United States. He was sentenced to 19 months’ imprisonment. Despite the appeal waiver, Garcia-Ramirez filed a notice of appeal in which he challenged his sentence as “unreasonable.” The government has moved to enforce the appeal waiver.
In evaluating a motion to enforce a waiver under United States v. Hahn, the court considered whether the disputed appeal falls within the scope of the waiver, whether the defendant knowingly and voluntarily waived his appellate rights and whether enforcing the waiver would result in a miscarriage of justice.
Garcia-Ramirez did not dispute any of the Hahn factors. Instead, he urged the court to “exercise [its] discretion to bypass any decision on whether to enforce an appeal waiver, and … instead proceed to the merits of the appeal,” citing United States v. Black.