In prosecution on possession of ammunition by felon charge, defendant waived any appeal of his within guideline, 120-month sentence, where, as part of defendant’s guilty plea agreement, defendant agreed to waive any appeal of said sentence in event Dist. Ct. sentenced him to higher or lower sentence than was recommended by either party. Record showed that govt. filed sentencing memorandum that recommended that Dist. Ct. impose 120-month sentence, and that defendant had failed to file any sentencing memorandum. However, defendant’s counsel argued at sentencing hearing that guideline range overstated events that formed basis of charged offense. As such, defendant’s advocacy for below-guideline sentence constituted “recommendation” that triggered instant appeal waiver, where Dist. Ct. did not adopt said recommendation and imposed higher sentence.
Federal 7th Circuit Court
Criminal Court
Sentencing