United States v. Jason Sheppard
699 F. App'x 141
| 3rd Cir. | 2017Background
- Jason Sheppard pled guilty to one count of mail fraud in violation of 18 U.S.C. § 1341.
- His plea agreement included a voluntary appellate-waiver provision waiving appeal of conviction and sentence except for three inapplicable exceptions.
- Sheppard later appealed his sentence, arguing (1) his criminal-history category overstated his risk and (2) the district court erred by denying a downward departure/variance under U.S.S.G. § 5G1.3.
- Sheppard did not argue that any of the plea-agreement exceptions to the waiver applied and declined to address the waiver in his brief, asserting the government had not invoked it.
- The district court complied with Fed. R. Crim. P. 11(b)(1)(N) and confirmed that Sheppard knowingly and voluntarily signed the appellate waiver and understood its exceptions.
- The Third Circuit reviewed the record and found enforcing the waiver would not produce a miscarriage of justice; it therefore dismissed the appeal and affirmed the district court judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate waiver bars Sheppard's sentencing challenges | Sheppard contends sentencing errors (overstated criminal history; denial of §5G1.3 departure/variance) justify appellate review | Government relies on the plea agreement appellate waiver (entered knowingly and voluntarily) to bar Sheppard's appeal | Waiver is enforceable; appeal dismissed because enforcing it does not create a miscarriage of justice |
| Whether the government must expressly invoke the waiver to benefit from it on appeal | Sheppard argues government did not invoke the waiver, so court should hear appeal | Government and court treat waiver as enforceable regardless of an affirmative motion to invoke it when knowing and voluntary | Court holds government need not file a motion; waiver enforced without government’s affirmative invocation |
Key Cases Cited
- United States v. Khattak, 273 F.3d 557 (3d Cir. 2001) (appeal waivers are valid if entered knowingly and voluntarily unless enforcing them would work a miscarriage of justice)