Ct. of Appeals lacked jurisdiction to consider defendant’s appeal that challenged certain conditions of his supervised release as being unconstitutionally vague, where defendant’s plea agreement contained broad waiver of defendant’s right to appeal any aspect of his sentence. Instant waiver prohibited defendant from appealing “on any ground” his sentence “regardless of how the sentence and offense level” were calculated, and instant enforceable waiver precluded defendant from raising any constitutional challenge to conditions of his supervised release imposed as part of his sentence. Ct. further noted that defendant had opportunity to seek clarification of his conditions for supervised release, where said conditions were contained in presentence report that was given to defendant months prior to sentencing hearing, and where defendant failed to raise any objections to said conditions in presentence report.
Federal 7th Circuit Court
Criminal Court
Sentencing