445 F. App'x 845
6th Cir.2012Background
- Brandon pleaded guilty under a Rule 11 plea agreement to possession with intent to distribute five grams or more of cocaine base.
- The district court sentenced Brandon to 262 months, applying the career offender enhancement based on prior Michigan drug convictions.
- The plea agreement stated Brandon’s guideline range was 262 to 327 months and included an appellate waiver.
- During sentencing, Brandon’s counsel argued the career offender enhancement violated 18 U.S.C. § 3553(a) and urged a sentence below the range.
- The district court sentenced Brandon to 262 months, concurrent with an undischarged Michigan term, and declined to depart from the guideline range.
- Brandon appealed, but the government moved to dismiss the appeal and the court granted the motion, citing the appellate waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate waiver precludes review | Brandon argues the waiver should not bar review of sentence reasonableness. | The government and district court maintain the waiver bars direct appeal of the sentence. | Waiver precludes review of the sentence on direct appeal. |
| Whether the sentence within the guideline range is reasonable under § 3553(a) after applying the career offender enhancement | Brandon contends § 3553(a) supports a below-range sentence. | The government argues reasonableness must consider Brandon’s career offender status and protections/deterrence. | Even if reviewed, the sentence would be upheld as reasonable and within the agreed range. |
Key Cases Cited
- United States v. McGilvery, 403 F.3d 361 (6th Cir.2005) (valid appellate waiver; court bound by waiver when plea expressly discloses understanding)
- United States v. Calderon, 388 F.3d 197 (6th Cir.2004) (scope of appellate waiver in plea agreements; clarity matters)
- United States v. Smith, 344 F.3d 479 (6th Cir.2003) (waiver of appeal rights in plea agreements; prior to sentencing review limits)
- United States v. Murdock, 398 F.3d 491 (6th Cir.2005) (defendant understands appellate waiver terms; validity depends on clarity and consent)
- United States v. Johnson, 640 F.3d 195 (6th Cir.2011) (expands discussion on how guidelines issues relate to appellate waiver)