Background
Scott James Berkshire pleaded guilty to possession of child pornography in Indian Country, in violation of Section eighteen thousand two hundred fifty-four subsection a four A and subsection b two of Title eighteen of the United States Code. He was sentenced to fourteen years in prison. Berkshire sought to appeal his sentence, but the government moved to enforce the appeal waiver contained in his plea agreement.
The court’s reasoning
The court stated that an appeal waiver will be enforced if the appeal falls within the waiver’s scope, the defendant knowingly and voluntarily waived the right to appeal, and enforcing the waiver will not result in a miscarriage of justice. The court identified four categories where a miscarriage of justice might occur: reliance on an impermissible sentencing factor, ineffective assistance of counsel in negotiating the waiver, a sentence exceeding the statutory maximum, or a waiver that is otherwise unlawful in a way that seriously affects the fairness, integrity, or public reputation of the proceedings. The court noted that Berkshire argued the district court abused its discretion by sentencing him at the high-end of the guidelines range without properly considering mitigating evidence. However, the court clarified that challenges to sentencing decisions do not fall within the miscarriage of justice exception unless the waiver itself is unlawful. The court cited United States v. Gutierrez, stating that the relevant question is whether the waiver is otherwise unlawful and not whether another aspect of the sentencing proceeding may have involved legal error. The court concluded that Berkshire did not meet his burden to show the exception applied.
The burden rests with the defendant to demonstrate that the appeal waiver results in a miscarriage of justice.
United States v. Anderson, 374 F.3d 955, 959 (10th Cir. 2004)
What it means going forward
The appeal is dismissed, and the fourteen-year prison sentence stands as the government’s motion to enforce the appeal waiver was granted.
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