500 F. App'x 482
6th Cir.2012Background
- Ellis pled guilty to possession of 50 grams or more of crack cocaine with intent to distribute under 21 U.S.C. § 841.
- District court applied Fair Sentencing Act amendments to reduce Ellis’s guidelines range, sentencing him to 110 months.
- The government appealed the FSA application; Ellis cross-appealed challenging obstruction enhancement, denial of acceptance of responsibility, and a credit issue.
- The government later dismissed its appeal and moved to dismiss Ellis’s cross-appeal under Ellis’s plea agreement waiver.
- Ellis argued the waiver did not clearly bar cross appeals; the court held the waiver unambiguous and applicable, precluding the cross appeal.
- The court granted the government’s motion and dismissed Ellis’s cross appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ellis's cross appeal is barred by the plea waiver | Ellis argues waiver lacks cross-appeal language. | Government argues waiver bars any appeal of the sentence | Waiver barred the cross appeal |
Key Cases Cited
- United States v. Smith, 344 F.3d 479 (6th Cir. 2003) (de novo review of waiver validity; ambiguity construed against government)
- United States v. Fitch, 282 F.3d 364 (6th Cir. 2002) (ambiguities in plea agreements construed against government)
- United States v. Bowman, 634 F.3d 357 (6th Cir. 2011) (ambiguous waiver as to cross-appeal potential)