Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Circuit Blog

Criminal Law

: Fourth Circuit Blog

Appeal Waiver Precludes Booker Relief

By Jonathan Byrne

US v. Linder: A cautionary tale on the long arm of appeal waivers. Linder pleaded guilty to a drug charge with a plea agreement that included a waiver of any appellate rights. The guilty plea was entered before Blakely, but sentencing was delayed until the Fourth had incorrectly concluded that Blakely didn't apply to the Guidelines. Consistent with the Fourth's decision in Hammoud, the district court rejected Linder's Sixth Amendment objections to the Guidelines calculations and imposed a sentence of 262 months and announced an alternative sentence of only 120 months. Linder appealed, seeking relief under Booker, but the Fourth rejected his arguments due to the appellate waiver. Linder then filed a motion under 28 USC 2255 (that right had not been waived), asking the district court to impose the alternate sentence...continue to full post

Full post as published by Fourth Circuit Blog on January 13, 2009 (boomark / email).