U.S. v. Nulf

Ct. of Appeals dismissed defendant’s appeal of her one-year sentence after noting that defendant had entered into plea agreement that called for waiver of any appeal of her sentence, where, as here, her sentence was within statutory maximum provided by law. Defendant conceded that her appeal waiver was express and unambiguous, and defendant did not otherwise challenge validity of her guilty plea. As such, instant waiver must be enforced, where defendant could not show that her sentence exceeded statutory maximum, or that her plea relied on constitutionally impermissible factor such as race, or that her trial counsel was ineffective in negotiating plea agreement. Ct. rejected defendant’s argument that there is general miscarriage of justice exception to appeal waivers, and that her case qualified for said exception.