United States v. Huntsman
17-4031
| 10th Cir. | Nov 24, 2017Background
- Huntsman was indicted on production (18 U.S.C. § 2251(a)) and possession (18 U.S.C. § 2252A(a)(5)(B)) of child pornography; he pleaded guilty to production and the possession count was dismissed.
- Plea agreement included an express appellate-waiver provision waiving all appeals of sentence except for (1) a sentence above the statutory maximum and (2) a sentence above the high-end of the guideline range as determined by the district court or the final PSR.
- The PSR calculated an advisory guideline range of life imprisonment (offense level 43, CHC I), which reduced to the statutory maximum of 30 years (360 months).
- Government recommended 240 months (20 years); at sentencing the court compared Huntsman to two other defendants (300-month pleas) and, distinguishing Huntsman, imposed 270 months (22.5 years).
- Huntsman appealed, arguing the district court relied on materials outside the record (other defendants’ sentences) without prior notice; the Tenth Circuit reviewed whether his appellate waiver barred the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity/scope of appellate waiver | Waiver covers appeals generally but preserves two exceptions per plea | Waiver bars his challenge to sentence based on outside materials | Waiver is valid and covers this appeal; appeal dismissed |
| Miscarriage of justice exception | N/A | Enforcement would be a miscarriage of justice because court relied on non-case-specific materials without notice | Defendant failed to show any of the recognized miscarriage grounds; exception not met |
| Whether sentence exceeded statutory maximum | N/A | Argues improper reliance on other sentences but does not assert statutory-max claim | No statutory-max issue; sentence below statutory maximum (30 yrs) |
| Notice/fairness at sentencing | N/A | Court’s comparison to other plea outcomes without notice was unfair | Not persuasive; no unfairness shown that would invalidate waiver |
Key Cases Cited
- United States v. Garcia-Ramirez, 778 F.3d 856 (10th Cir. 2015) (framework for evaluating validity/applicability of appellate waivers)
- United States v. Johnson, 756 F.3d 1218 (10th Cir. 2014) (miscarriage-of-justice grounds that can defeat an appellate waiver)