Background
Kaci Anne-Rene Lima pleaded guilty to three counts of bank fraud in violation of Section eighteen thousand one hundred thirty-four of Title eighteen of the United States Code. She was sentenced to twenty-four months in prison. Lima sought to appeal her sentence, but the government moved to enforce the appeal waiver included in her plea agreement.
The court’s reasoning
The court applied the three-factor test from United States versus Hahn to determine if the appeal waiver was enforceable. The court found that the appeal fell within the waiver’s scope because the sentence did not exceed the statutory maximum. The court found the waiver was knowing and voluntary based on the plea agreement and the district court’s address of the issue at the plea hearing. Finally, the court found no indication that enforcing the waiver would result in a miscarriage of justice.
What it means going forward
The dismissal prevents the defendant from challenging her sentence on appeal, upholding the finality of the plea agreement and the district court’s sentencing decision.
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