Appellate Law

CA1: another crack appeal waiver

By S. COTUS

US v. Chandler, No. 07-1583 (7/18/08).  This is another appeal waiver case.  This one is like US v. Borrero-Acevedo, No. 06-2655 (our coverage here).  Anyway, the guy signed an appeal waiver at the plea, and he got a guidelines sentence for something involving crack. 

Anyway, the First disagrees with the defendant's argument that the District Court's description of the appeal waiver the sentencing hearing wasn't that good.  That goes nowhere.

A pro se argument as to IAC goes nowhere because his claim that his lawyers told him he would get a lower sentence isn't in the record. And, like in US v. Borrero-Acevedo, No. 06-2655.if someone with a crack sentence wants it reduced because of the guidelines change, they need to go to the District Court on a motion not the court of appeals.

Full post as published by Appellate Law and Practice on July 19, 2008 (boomark / email).