United States v. Rogelio Serrano-Lara, 698 F.3d 841

Serrano-Lara pled guilty to transporting an undocumented alien for private financial gain under a plea agreement that dismissed other charges and included a government recommendation for credits.
PSR alleged extensive misconduct including rape threats, money seizures, and dangerous transport of aliens; it projected a Guidelines range of 27–41 months with possible upward departures.
Serrano-Lara objected to PSR claims; the district court later adopted the PSR findings with some adjustments, setting a Guidelines range of 30–37 months and imposing a 120-month non-Guidelines sentence.
The district court struck Serrano-Lara’s appellate waiver on the final sentencing day; the government objected, and the court entered an order overruling that objection.
Serrano-Lara timely appealed; the district court’s action prompted the question of whether striking the waiver was authorized and what effect it had on the sentence.
The Fifth Circuit concluded the district court lacked authority to strike a valid appeal waiver and held the sentence stood despite the waiver being struck.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to strike appeal waiver	Serrano-Lara claims the district court had no authority to strike the waiver once accepted.	Serrano-Lara’s position on the district court’s authority is that striking terms of a plea agreement violates Rule 11 and the agreement.	District court lacked authority to strike the appeal waiver.
Effect of striking waiver on sentence	Serrano-Lara argues the sentence should be vacated or re-evaluated due to the court’s action.	The government contends the waiver’s striking does not invalidate the sentence given it was knowingly and voluntarily entered.	Sentence stands; waiver validity supports final judgment.

Melancon, 972 F.2d 566 (5th Cir. 1992) (waiver of appeal voluntary; misstatement does not void waiver)
Miles, 10 F.3d 1135 (5th Cir. 1993) (district court may reject plea; cannot negotiate terms)
Crowell, 60 F.3d 199 (5th Cir. 1995) (district court evaluated plea terms; should not comment on acceptability beyond reasons)
Howle, 166 F.3d 1166 (11th Cir. 1999) (modification of plea terms beyond approved agreement not permitted)
Black, 201 F.3d 1296 (10th Cir. 2000) (district court cannot strike appeal waiver after acceptance)
Ritsema, 89 F.3d 392 (7th Cir. 1996) (once court accepts plea, generally bound by terms)
Gonzalez, 259 F.3d 355 (5th Cir. 2001) (misstatement about appeal rights does not affect validity of waiver)