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Appeal Waiver Not Valid, Defendant Loses Anyway

By Jonathan Byrne

US v. Manigan: Manigan pleaded guilty to three counts of possession of cocaine with intent to distribute, pursuant to a plea agreement in which he waive his right to all appeals and 2255 claims (save ineffective assistance of counsel and prosecutorial misconduct) - the Government waived nothing. Nonetheless, the district court at the plea hearing told Manigan that after sentencing "you . . . may have a right to appeal this sentence." At sentencing, the parties argued about whether Manigan possessed two firearms that resulted in an enhancement under USSG 2D1.1(b)(1). The district court applied the enhancement, which nevertheless did not figure in the final sentence as Manigan was a career offender. He was sentenced to 169 months in prison...continue to full post

Full post as published by Fourth Circuit Blog on February 08, 2010 (boomark / email).