Megan Elizabeth Dees pleaded guilty to possession with intent to distribute 500 grams or more of a mixture containing methamphetamine, a violation of 21 U.S.C. § 841. She was sentenced to 183 months in prison. Her plea agreement included a waiver of her right to appeal, with specific exceptions for sentences exceeding the statutory maximum or the advisory guidelines range. After sentencing, Dees sought to appeal, but the government moved to enforce the waiver. Her appointed counsel determined that opposing the motion would be frivolous and requested to withdraw under Anders v. California. The district court had previously conducted a Rule 11 colloquy where Dees affirmed she understood she was waiving her appellate rights.
The Tenth Circuit applied the three-part standard from United States v. Hahn to determine if the appeal waiver should be enforced. First, the court examined the scope of the waiver, applying contract principles to the plea agreement's plain language. The agreement waived the right to appeal unless the sentence exceeded the statutory maximum of life in prison or the advisory guidelines range of 183 to 228 months. Since Dees received exactly 183 months, the sentence fell squarely within the waiver's scope. Second, the court assessed whether the waiver was knowing and voluntary. This analysis focused on the plea agreement's explicit language and the adequacy of the district court's Rule 11 colloquy. The court noted that while either factor alone could suffice, the combination of the signed agreement and the court's inquiry into Dees's understanding was conclusive. Third, the court evaluated whether enforcing the waiver would result in a miscarriage of justice. This exception applies only if the sentence relied on an impermissible factor, the waiver was the product of ineffective assistance, the sentence exceeded statutory limits, or the waiver is otherwise unlawful. The record contained no evidence of these circumstances. Consequently, the court concluded that Dees's appeal was barred by her contractual agreement.
Dees's appeal is dismissed, and her 183-month sentence stands as imposed. The decision reinforces the enforceability of appeal waivers in the Tenth Circuit when the sentence remains within the agreed-upon guidelines range and the procedural safeguards of Rule 11 are met. The case is remanded to the district court with instructions to close the appeal, leaving no further legal questions regarding the validity of the waiver in this specific context.
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