427 F. App'x 402
5th Cir.2011Background
- Medina Lopez pled guilty to attempted illegal reentry after deportation following a felony conviction under 8 U.S.C. 1326(a),(b)(1).
- District court sentenced Medina to 30 months, at the bottom of the advisory guidelines range.
- Sentence included a 16-level increase based on a Florida aggravated assault conviction treated as a crime of violence.
- Medina appeals challenging the characterization of his aggravated assault conviction.
- Government moves to dismiss the appeal as barred by Medina's plea‑agreement appeal waiver.
- Medina reserved a right to challenge the characterization at sentencing, but the waiver language remained plain and broad.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Medina's appeal barred by the plea‑agreement waiver? | Medina reserved challenge to characterization of aggravated felony | Waiver covers sentence challenges under 18 U.S.C. 3742 | Yes; waiver bars the appeal. |
Key Cases Cited
- United States v. Baymon, 312 F.3d 725 (5th Cir. 2002) (de novo review of waiver validity)
- United States v. Bond, 414 F.3d 542 (5th Cir. 2005) (waiver applies if plain language supports it; ambiguity resolved against government)
- United States v. Palmer, 456 F.3d 484 (5th Cir. 2006) (contract interpretation of waivers; construe narrowly)
- United States v. Harris, 434 F.3d 767 (5th Cir.2005) (ambiguity construed in defendant's favor, but not when none exists)
- United States v. Sanchez Guerrero, 546 F.3d 328 (5th Cir. 2008) (appeal waiver bar governs merits review)