Background
Charlyna Butterworth pleaded guilty to production and distribution of child pornography and received consecutive sentences totaling four hundred thirty-two months in prison. She sought to appeal her sentence, but the government moved to enforce the appeal waiver in her plea agreement. The court had previously abated the appeal pending a Supreme Court decision in Hunter versus United States regarding whether a district court’s statement about appeal rights could undermine an enforceable waiver.
The court’s reasoning
The court enforced an appeal waiver if the disputed appeal falls within the scope of the waiver, the defendant knowingly and voluntarily waived appellate rights, and enforcing the waiver would not result in a miscarriage of justice. The defendant conceded that her waiver was enforceable under the court’s precedent. The Supreme Court’s decision in Hunter confirmed that a district court’s statement at sentencing that a defendant has a right to appeal does not negate the enforceability of an otherwise enforceable appeal waiver. Consequently, the court granted the government’s motion to enforce the waiver and dismissed the appeal.
What it means going forward
The ruling reinforces that plea agreement appeal waivers remain enforceable even if a district court mistakenly informs a defendant of a right to appeal, provided the waiver was knowingly and voluntarily entered.