U.S. v. Johnson

Ct. of Appeals lacked jurisdiction to consider defendant’s appeal of his 21-month sentence, as well as imposition of $211,428.80 restitution order, even though defendant claimed that his sentence was unconstitutional, where he was not present at time his counsel waived any objection to restitution amount. Instant plea agreement contained appeal waiver, and defendant indicated during plea colloquy that he understood that restitution would be set at $211,428.80 figure and stated on two occasions that he expressly waived his right to appeal his sentence. Also, defendant’s failure to raise any objection to restitution amount set by Dist. Ct. when given opportunity to do so established that, in absence of any appeal waiver, defendant had deliberately abandoned said issue.