Kent Matthew Stapp, a prisoner already incarcerated for a prior offense, pleaded guilty to possession of a prohibited object under 18 U.S.C. § 1791(a)(2). As part of his plea agreement, he waived his right to appeal his conviction and sentence, with a specific exception allowing an appeal if the sentence exceeded the applicable Sentencing Guidelines range. The district court sentenced him to 24 months in prison, to run consecutively to his previous sentence. This 24-month term was below the applicable Guidelines range of 27 to 33 months. Stapp subsequently sought to appeal, arguing the sentence was too high and that he was tricked into the plea. His attorney moved to withdraw under Anders v. California, stating the appeal was frivolous, while Stapp filed a pro se response contesting the waiver's scope and validity.
The Tenth Circuit applied the three-part test from United States v. Hahn to determine whether to enforce the appeal waiver. First, regarding the scope of the waiver, the court noted that Stapp waived the right to appeal unless his sentence exceeded the Guidelines range. Since his 24-month sentence was below the 27-to-33-month range, the waiver covered this appeal, and the court rejected Stapp's argument that the sentence was too high. Second, on the issue of whether the waiver was knowing and voluntary, the court observed that Stapp underwent a competency evaluation, signed the plea agreement, and participated in a plea colloquy that complied with Federal Rule of Criminal Procedure 11. The record showed no evidence of collusion or trickery, and Stapp had represented that he possessed an object usable as a weapon. Third, the court analyzed whether enforcing the waiver would result in a miscarriage of justice. Under Hahn, this occurs only if the court relied on an impermissible factor, there was ineffective assistance of counsel regarding the waiver, the sentence exceeded the statutory maximum, or the waiver is otherwise unlawful. The court found no evidence supporting any of these conditions.
The appeal is dismissed, and the 24-month sentence stands. The decision reinforces that appeal waivers in plea agreements are strictly enforced when the sentence falls within the agreed-upon Guidelines range. It clarifies that pro se arguments claiming trickery or excessive sentencing are insufficient to overcome a waiver unless they demonstrate a miscarriage of justice, such as a sentence exceeding the statutory maximum or a fundamental flaw in the plea process.
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