U.S. v. Odeh

Ct. of Appeals dismissed defendants’ appeals of within-guideline, 85-month terms of incarceration on fraud and income tax evasion charges, after finding that defendants had waived any appeal of their sentences based on language contained in their plea agreements that waived any appeal of their sentences, where, as here, said sentences were within advisory guideline range. While defendants argued that they were entitled to appeal their sentences because govt. had breached plea agreement by not recommending acceptance of responsibility reduction for either defendant and by failing to recommend that one defendant be sentenced at low end of sentencing range, defendants waived said argument by failing to raise it in Dist. Ct. Moreover, no breach occurred, since defendants actions were inconsistent with notions of acceptance of responsibility, where one defendant contested amount of loss calculation, even though he stipulated that amount of loss was over $1 million, and other defendant falsely blamed others for his criminal conduct.