Background
Robert Louis Ortiz, III, pleaded guilty to seven counts of drug-trafficking and firearms violations. The district court sentenced him to three hundred twenty-two months of imprisonment at the low end of the applicable Sentencing Guidelines range. Although his plea agreement contained an appeal waiver, Mr. Ortiz filed an appeal. The government moved to enforce the waiver, and Mr. Ortiz’s attorney filed an Anders response and a motion to withdraw.
The court’s reasoning
The court conducted an independent review of the parties’ submissions and the record. It agreed that it would be frivolous to challenge the enforcement of the appeal waiver. The court found no indication that the waiver was not knowing and voluntary or that enforcing it would result in a miscarriage of justice. Specifically, the court noted that Mr. Ortiz waived the right to appeal any sentence at or under the maximum statutory penalty, and his sentence met that condition.
What it means going forward
The appeal is dismissed, and the district court’s sentence stands as the final judgment.