565 F. App'x 837
11th Cir.2014Background
- Masilotti appeals the denial of his audita querela or coram nobis petition seeking relief from a 2007 forfeiture order tied to his criminal case.
- On January 11, 2007, Masilotti pled guilty to conspiracy to commit honest services fraud and tax fraud and agreed to forfeit assets listed in the plea agreement.
- The district court issued a preliminary and then final forfeiture order on the same day as the plea hearing.
- In 2013 Masilotti filed a petition arguing Skilling v. United States invalidated the forfeiture; the plea agreement waived the right to challenge forfeiture and to appeal any related orders.
- The district court held the waiver valid, and the petition was barred; on appeal Masilotti challenges the scope of the waiver and related arguments, while the court agrees the waiver controls and dismisses the petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the forfeiture waiver bars Masilotti’s petition. | Masilotti argues the Skilling-based challenge falls outside the waiver. | The waiver encompasses all challenges to forfeiture, including Skilling-based grounds. | Yes, petition barred by the waiver. |
| Whether the waiver scope includes changes in law after Skilling. | Masilotti contends Skilling-created grounds are not waived. | Waiver broadly covers grounds to challenge forfeiture regardless of later legal developments. | Yes, broad waiver valid and enforceable. |
| Whether a scrivener’s error in the referenced statute negates the waiver's effect. | Masiltotti argued the § 924(d)(1) reference undermines the scope. | Scrivener’s error does not negate the listed assets or waiver. | Scrivener’s error irrelevant; waiver remains effective. |
Key Cases Cited
- United States v. Bushert, 997 F.2d 1343 (11th Cir. 1993) (appeal waivers enforced when knowingly and voluntarily made)
- United States v. Jernigan, 341 F.3d 1273 (11th Cir. 2003) (issues not plainly raised deemed abandoned but waiver remains valid)
- United States v. Rubbo, 396 F.3d 1330 (11th Cir. 2005) (rejecting interpretation of waiver inconsistent with other plea terms)