United States v. Agustin Osuna-Toquillas
705 F. App'x 471
| 7th Cir. | 2017Background
- Defendant Agustin Osuna-Toquillas was found with ~7,000 grams of cocaine and heroin and nearly $2 million in cash.
- He pleaded guilty to conspiracy to possess with intent to distribute (heroin and cocaine) in a Rule 11(c)(1)(C) binding plea agreement.
- The plea agreement recommended a sentence at the low end of the Guidelines range: 188 months (range 188–235 months).
- The district court accepted the plea agreement and imposed 188 months’ imprisonment plus 5 years’ supervised release.
- The plea agreement contained a broad waiver of the right to appeal the conviction and sentence “on any ground.”
- Defense counsel filed an Anders motion to withdraw on the ground the appeal is frivolous; the government opposed nothing and the defendant did not contest counsel’s motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity/effect of appellate waiver | Government: the broad waiver bars appellate challenges to conviction and sentence | Osuna-Toquillas filed an appeal but did not identify any challenge to the plea or waiver | Court: waiver is "airtight"; appeal bars review and is dismissed |
| Sentence reasonableness | Government: sentence under agreed Rule 11(c)(1)(C) and within Guidelines is proper | Defendant: counsel considered but concluded arguing unreasonableness would be frivolous | Court: no nonfrivolous basis to challenge reasonableness given the waiver |
| Adequacy of counsel’s Anders brief and withdrawal | Government: appointed counsel moved to withdraw, provided analysis of potential issues | Defendant: did not contest withdrawal or raise issues | Court: counsel’s brief adequate; motion to withdraw granted; appeal dismissed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requirements for counsel to move to withdraw when appeal is frivolous)
- United States v. Bey, 748 F.3d 774 (7th Cir. 2014) (limits the scope of appellate review when counsel files an Anders brief)
- United States v. Wagner, 103 F.3d 551 (7th Cir. 1996) (counsel’s duties on Anders review)
- United States v. Adkins, 743 F.3d 176 (7th Cir. 2014) (explaining exceptions to appeal-waiver enforcement)
- United States v. Konczak, 683 F.3d 348 (7th Cir. 2012) (plea-voluntariness challenges when defendant does not seek to withdraw plea)
- United States v. Knox, 287 F.3d 667 (7th Cir. 2002) (same)