Background
Daniel Rodriguez appealed his one hundred twenty month sentence imposed after pleading guilty to providing a synthetic cannabinoid to a prison inmate. He also challenged the district court’s denial of his request to return two thousand three hundred dollars in special assessments paid for vacated convictions, which the court ordered applied to his outstanding fine.
The court’s reasoning
The court first determined it lacked jurisdiction over the challenge to the special assessments because the notice of appeal only designated the amended judgment. Regarding the sentence, the court reviewed the appeal waiver de novo and found it valid because the plea agreement was signed knowingly and voluntarily. The waiver covered the sentence and the manner of its imposition, and the sentence did not exceed the statutory maximum or result from an upward departure or variance.
What it means going forward
Defendants who sign plea agreements with broad appeal waivers may be barred from challenging their sentences or related orders unless the sentence exceeds statutory limits or involves an upward departure or variance.