U.S. v. Lacy

Ct. of Appeals dismissed defendant’s appeal of his 168-month sentence on drug distribution charge, where record showed that defendant had waived any such appeal pursuant to language in plea agreement. Plea agreement contained broad waiver of defendant’s ability to appeal his sentence “on any ground whatsoever,” and such waiver applied to defendant’s claim that Dist. Ct. erred in imposing instant sentence consecutive to yet-to-be-determined state sentence on unrelated state charge. Ct, though, indicated that Dist. Ct. should not have imposed instant consecutive sentence without explaining how consecutive sentence would have been consistent with considerations under section 3553(a), and that request by state prosecutor to have Dist. Ct. impose consecutive sentence under these circumstances was not proper sentencing consideration.