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Vasquez: No Authority to Vary from Career Offender Guidelines

By Tim Cone

In U.S. v. Vasquez, No. 08-10671 (Feb. 12, 2009), the Court held that a sentencing court lacks the authority to vary from the Guidelines? career offender provision on the ground of a "disagreement" with this Guideline.The Court first held that the appeal waiver provision of Vasquez? plea agreement did not waive his appeal of his sentence. The provision provided that there was no waiver if the government appealed the sentence. The government did appeal Vasquez? original sentence, but not the second sentence imposed on resentencing. Viewing the appeal waiver provision as ambiguous in this situation, the Court decided it did not operate to waive Vasquez? appeal.The Court noted that its prior decision in U.S. v. Williams, 456 F.3d 1353 (11th Cir...continue to full post

Full post as published by Defense Newsletter Blog on February 13, 2009 (boomark / email).