United States v. Esteban Colon Pacheco

Holding: The Fourth Circuit affirmed the conviction and dismissed the appeal of sentencing issues because the defendant's appellate waiver was valid and enforceable.
Standard: Plain error review for plea colloquy; de novo review for appellate waiver enforceability.
Vote: Per curiam opinion affirming in part and dismissing in part.
Practical effect: Defendants who sign plea agreements with broad appellate waivers cannot challenge sentencing reasonableness on appeal unless the waiver is found invalid or the appeal falls outside the waiver's scope.

The Fourth Circuit affirmed in part and dismissed in part the conviction and sentence of a defendant who pleaded guilty to drug trafficking and firearms offenses. The court held that the defendant's appellate waiver was valid and enforceable, barring review of sentencing issues raised under an Anders brief.

Background

Esteban Colon Pacheco pleaded guilty to conspiracy to distribute methamphetamine and cocaine, possession of a machine gun in furtherance of a drug trafficking crime, and possession with intent to distribute methamphetamine. The district court sentenced him to two hundred seventy-six months of imprisonment. On appeal, counsel filed a brief pursuant to Anders v. California questioning the validity of the plea and the reasonableness of the sentence, while the Government moved to dismiss based on an appeal waiver in the plea agreement.

The court’s reasoning

The court reviewed the adequacy of the Rule eleven plea colloquy for plain error and found the district court conducted a thorough hearing that ensured the plea was voluntary and supported by a factual basis. Regarding the appellate waiver, the court applied de novo review and determined the waiver was valid because the defendant entered it knowingly and intelligently. The court concluded that the sentencing issues raised in the Anders brief fell squarely within the scope of the waiver, and after reviewing the entire record, found no meritorious grounds for appeal.

What it means going forward

Defendants who sign plea agreements with broad appellate waivers cannot challenge sentencing reasonableness on appeal unless the waiver is found invalid or the appeal falls outside the waiver’s scope.