Background
Joyceline Mwangi pled guilty to misprision of felony pursuant to a plea agreement. The district court sentenced her to two years’ probation and ordered her to pay seventy thousand dollars in restitution. Ms. Mwangi filed a notice of appeal, and the government moved to enforce the appeal waiver in her plea agreement.
The court’s reasoning
The court applied the three-part test from United States v. Hahn to determine whether to enforce the appeal waiver. The court examined the proceedings, including the plea agreement, the plea colloquy, and the defendant’s pro se response. The court found that the appeal fell within the waiver’s scope, the waiver was knowing and voluntary, and enforcing it would not result in a miscarriage of justice. The court agreed there was no non-frivolous basis to oppose the government’s motion.
What it means going forward
The defendant’s appeal is dismissed, and her appointed counsel is relieved of representation.