Background
Defendant Santiago Garcia Gutierrez pled guilty to eight counts including wire fraud, impersonating a federal officer, aggravated identity theft, and making a false statement to law enforcement. As part of his plea agreement, he waived his right to appeal, with limited exceptions for sentences exceeding the statutory maximum or ineffective assistance of counsel claims. The district court imposed a sentence of one hundred eight months imprisonment after applying enhancements for sophisticated means and misrepresentation of government agency affiliation. Gutierrez filed a notice of appeal challenging the sentence enhancements.
The court’s reasoning
The court analyzed whether the appeal waiver was enforceable by examining if the appeal fell within the waiver’s scope, if the waiver was knowing and voluntary, and if enforcement would result in a miscarriage of justice. The court determined that challenges to sentencing enhancements fell within the scope of the waiver. It found the waiver was knowing and voluntary given the defendant’s age, education, and the thorough explanation of rights during the plea colloquy. The court also rejected the argument that local rules should be suspended to promote judicial economy, noting that the government properly raised the waiver in its merits brief.
We hold that his waiver is enforceable.
United States v. Gutierrez, No. 25-4104 (10th Cir. June 16, 2026)
What it means going forward
This decision reinforces the enforceability of appeal waivers in plea agreements within the Tenth Circuit and clarifies that the government may raise waiver issues in merits briefs without a separate motion under local rules.