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Plea Colloquy Error Did Not Negate Appeal Waiver

By Shari Allison

US v. Ibarra-Coronel, No. 06-2183, 2008 WL 525381 (10th Cir. Feb. 28, 2008):Defendant pled guilty pursuant to a Rule 11 agreement to conspiracy to distribute more than 1K of heroin. The plea agreement included an appeal waiver. At the plea hearing, the magistrate mistakenly stated that the maximum penalty was 120 months, when actually that is the statutory minimum sentence. Mr. Ibarra-Coronel was ultimately sentenced to 120 months. On appeal, Defendant contended the magistrate's error was reversible error. The Tenth dismissed the appeal, holding that the defendant knowingly and voluntarily waived her appeal rights.

Full post as published by Tenth Circuit Blog on February 29, 2008 (boomark / email).