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Boyd: Enforcing Sentence Appeal Waiver Where Defendant Challenged Calculation of Guidelines

By Tim Cone

 In United States v. Boyd, No. 18-11063 (Sept. 16, 2020) (Branch, Marcus, Huck), the Court granted the government?s motion to dismiss the appeal based on a sentence appeal waiver.  The appeal waiver barred the defendant from appealing his sentence unless the court imposed a sentence ?that exceeds the advisory guideline range.?  Although the court imposed a guideline sentence, the defendant argued that the waiver did not bar his argument challenging the calculation of the guideline range.  Rejecting the defendant?s argument that the waiver was ambiguous, the Court held that the ?advisory guideline range? clearly referred to the range calculated by the district court.  The Court also found that, based on the record, the defendant knowingly and voluntarily agreed to the waiver.continue to full post

Full post as published by Defense Newsletter Blog on September 16, 2020 (boomark / email).