U.S. v. Vela

Ct. of Appeals found that defendant waived his appeal of his conviction and sentence due to waiver clause contained in plea agreement, even though defendant claimed that said agreement was rendered involuntary by subsequent change in law that precluded Dist. Ct. from imposing instant sentence that was based on sentencing Guidelines in force at time of sentencing, rather that Guidelines in force at time of offense that had lower sentencing range. Ct. rejected defendant’s claim that his plea agreement was involuntary because he was unaware at time he entered plea that his plea agreement called for sentence that was in violation of Ex Post Facto Clause as subsequently determined in Peugh, 133 SCt 2072. Moreover, while Peugh represented change in law, said decision was not made retroactive.