United States v. Genaro Deanda, 450 F. App'x 498

Deanda pleaded guilty to conspiracy to distribute more than 100 kilograms of marijuana under 21 U.S.C. §§ 846, 841(a)(1).
In his plea agreement he waived all appellate rights except the right to appeal district court sentencing-range determinations under the Guidelines.
To appeal, Deanda had to object to the guideline calculation at sentencing; he did not object on preserved grounds at sentencing.
Before sentencing, Deanda filed a written objection to a four-level leadership enhancement, which he withdrew at the sentencing hearing.
The district court sentenced Deanda to 128 months in prison and five years of supervised release; Deanda appeals arguing the leadership enhancement was improper and the sentence was substantively unreasonable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the waiver of appellate rights is enforceable.	Deanda argues the waiver should be ignored.	Deanda contends waiver applies only to unpreserved issues.	Waiver enforced; the appeal is barred.
Whether Deanda preserved the guideline-range issue at sentencing.	Deanda preserved the issue by objection prior to sentencing.	Objection was withdrawn at sentencing, so not preserved.	Issue not preserved; waiver bars review.
Whether the court should excuse the waiver or review the waived issue on the merits.	Waiver can be excused to review the merits.	Waiver should not be excused absent authority; claim rejected.	Waiver not excused; no review of the waived issue.

United States v. Calderon, 388 F.3d 197 (6th Cir. 2004) (valid waiver of appellate rights if knowingly and voluntarily made)
United States v. Fleming, 239 F.3d 761 (6th Cir. 2001) (waiver of appeal upon plea must be knowing and voluntary)
United States v. Smith, 344 F.3d 479 (6th Cir. 2003) (waiver of appellate rights requires knowing, voluntary agreement; preserved issues exception)
United States v. Swanberg, 370 F.3d 622 (6th Cir. 2004) (review of waivers limited; preserve-at-sentencing language governs)