United States v. Joseph Laslie, 405 U.S. App. D.C. 45

Laslie pled guilty to traveling to engage in illicit sexual conduct with a minor, based on an undercover sting in DC.
Plea agreement and PSR included a two-level enhancement for a minor victim and a two-level enhancement for using a computer, plus a three-level acceptance of responsibility reduction.
The parties stipulated to a base offense level of 30 and the listed enhancements in the plea agreement.
The Presentence Investigation Report applied the same enhancements, yielding a guidelines range of 135 to 168 months.
At sentencing, Laslie’s counsel did not dispute the enhancements and urged sentencing below the range, but the court imposed the low end of the range.
Laslie appealed, challenging only the two-level computer-use enhancement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of challenge to the enhancement	Laslie waived challenge by stipulation and conduct.	The government and court treated the stipulation as control, so no review is needed.	Waived; district court’s sentence affirmed.

United States v. Olano, 507 F.3d 725 (1993) (defines waiver vs forfeiture; plain-error review when forfeiture occurs)
In re Sealed Case, 356 F.3d 313 (D.C. Cir. 2004) (distinguishes waiver from forfeiture in appellate review)
United States v. Harrison, 204 F.3d 236 (D.C. Cir. 2000) (recognizes stipulation effects on waiving challenge)
United States v. Accardi, 669 F.3d 340 (D.C. Cir. 2012) (recognizes limits of appellate waiver in plea contexts)
United States v. Guillen, 561 F.3d 527 (D.C. Cir. 2009) (anticipatory waiver requires knowing, open-eyed decision)
United States v. DeJesus-Concepcion, 607 F.3d 303 (2d Cir. 2010) (conduct-based waiver recognized in sentencing context)
United States v. Jackson, 346 F.3d 22 (2d Cir. 2003) (conduct-based waiver and acknowledgement of applicable enhancements)
United States v. Granik, 386 F.3d 404 (2d Cir. 2004) (stated reliance on plea agreement stipulations for sentencing facts)