Background
The defendant, Grismaldo Vallecilla Enriquez, appealed a criminal judgment from the United States District Court for the Middle District of Florida. The Government moved to dismiss the appeal, citing an appeal waiver in the defendant’s plea agreement.
The court’s reasoning
The court held that the appeal waiver in the plea agreement must be enforced. The court cited controlling precedent stating that a sentence appeal waiver is enforced if it was made knowingly and voluntarily. The court further noted that such a waiver includes the waiver of the right to appeal difficult or debatable legal issues, blatant error, and procedural due process challenges to the oral imposition of the sentence.
What it means going forward
The appeal is dismissed, leaving the district court’s judgment and sentence in place.
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