Background
Peter Pham was sentenced to one hundred twenty months in prison and three years of supervised release after pleading guilty to conspiracy to distribute illegal drugs and conspiracy to commit money laundering. He filed an appeal, but the government moved to enforce an appeal waiver contained in his plea agreement.
The court’s reasoning
The court applied the three-part test from United States versus Hahn to evaluate the motion to enforce the appeal waiver. The test requires determining whether the appeal falls within the scope of the waiver, whether the defendant knowingly and voluntarily waived his rights, and whether enforcing the waiver would result in a miscarriage of justice. The court noted that Mr. Pham, through counsel, acknowledged the waiver was enforceable and did not oppose the government’s motion.
What it means going forward
The dismissal prevents the appellate court from reviewing the merits of Pham’s appeal, leaving the conviction and sentence in place as a result of the enforceable plea agreement waiver.