The Fifth Circuit dismissed an appeal challenging a conviction for assaulting federal officers. The court held that the defendant waived the challenge to his conviction by limiting his appeal to his sentence.
Background
Jose Ramos-Lerma pleaded guilty to assaulting, resisting, or impeding certain officers or employees in violation of Section eighteen United States Code Sections eleven one A one and two. He appealed his conviction, but the Government contended he expressly limited the scope of the appeal to his sentence.
The court’s reasoning
The court agreed with the Government that Ramos-Lerma waived the challenge to his conviction. The court cited United States v. Mendez-Lozano for the proposition that limiting an appeal to the sentence constitutes a waiver of the conviction challenge.
What it means going forward
Defendants who limit their appeals to sentencing issues may lose the ability to challenge the underlying conviction on appeal.
