United States v. Buissereth
2011 U.S. App. LEXIS 5309
2d Cir.2011Background
- Buissereth pled guilty on March 17, 2009 to possession with intent to distribute cocaine and cocaine base under 21 U.S.C. § 841(a)(1),(b)(1)(B).
- Plea agreement estimated a Guidelines range of 100–125 months and included an appeal waiver: no appeal if sentenced to 137 months or less.
- District Court sentenced Buissereth to 100 months, within the waiver threshold.
- Before sentencing, the court addressed a potential conflict of interest involving one of Buissereth’s attorneys and confirmed informed waiver of concerns.
- During sentencing, the court pronounced 100-month sentence and later adopted PSR findings with a consistent Guidelines range in the written judgment.
- On appeal, Buissereth argues the waiver is unenforceable due to conflict-of-interest issues and because the district court failed to issue several open-court rulings; the government contends the waiver was made knowingly and should be enforced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal waiver enforceable despite potential conflict? | Buissereth contends conflict compromised waiver validity. | Government argues waiver was knowingly and intelligently made. | Waiver enforced; conflict issues do not defeat it. |
| Did district court’s omissions at sentencing vitiate the waiver? | Buissereth claims failure to rule on PSR objections and §3553(a) analysis undermines proceedings. | Waiver precludes relief for sentencing flaws. | Waiver remains enforceable; errors do not void it. |
| Does the appeal waiver bar review of sentencing procedure and Open Court reasoning despite §3553(c) requirements? | Buissereth asserts sentencing lacked explicit reasons. | Waiver covers appeal of sentence within threshold. | Waiver enforceable; review limited by waiver. |
Key Cases Cited
- United States v. Curcio, 680 F.2d 881 (2d Cir. 1982) (conflict-of-interest advisement and informed choice required)
- United States v. Iorizzo, 786 F.2d 52 (2d Cir. 1986) (conflict of interest and waiver considerations)
- United States v. Jenkins, 943 F.2d 167 (2d Cir. 1991) (defendant’s understanding of risks shows waiver validity)
- Gomez-Perez v. United States, 215 F.3d 315 (2d Cir. 2000) (waiver validity limits; abdication risks; factors for enforceability)
- Yemitan v. United States, 70 F.3d 746 (2d Cir. 1995) (plea waiver enforceable when sentence within waiver range)
- Arevalo v. United States, 628 F.3d 93 (2d Cir. 2010) (appeal waiver enforceable despite district court omissions)
- Granik v. United States, 386 F.3d 404 (2d Cir. 2004) (enforcement of knowing and voluntary appellate waivers)