United States v. Sandra McGuire
2015 U.S. App. LEXIS 13707
| 7th Cir. | 2015Background
- Sandra McGuire was indicted for money laundering and concealing drug proceeds; she pled guilty to one count under 18 U.S.C. § 1956 in a written plea agreement.
- The plea agreement recommended no imprisonment (12 months’ probation) and provided that remaining counts would be dismissed; it included an express waiver of appellate rights covering challenges to conviction or sentence.
- At the plea hearing the court accepted McGuire’s guilty plea, reviewed the waiver on the record, and — at McGuire’s request to preserve employment pending sentencing — withheld formal adjudication of guilt until sentencing.
- McGuire filed a motion to withdraw her guilty plea before sentencing; the district court denied the motion.
- After sentencing (when the court adjudicated guilt and imposed the agreed sentence), McGuire appealed the denial of her plea-withdrawal motion.
- The Seventh Circuit dismissed the appeal, holding McGuire’s appellate-waiver valid and encompassing her challenge to the denial of the motion to withdraw the plea.
Issues
| Issue | Plaintiff's Argument (McGuire) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Enforceability of appellate-waiver | Waiver was involuntary because the court withheld adjudication until sentencing, so the agreement (and waiver) was not "in effect" when she moved to withdraw | Waiver was knowing and voluntary; court accepted the plea and reviewed the waiver on the record, so the waiver applied | Waiver valid and covers appeal of denial to withdraw plea; appeal dismissed |
| Whether delayed adjudication affects Rule 11 protections | Withholding adjudication created confusion and meant the plea/waiver weren’t final for purposes of withdrawal | Rule 11 focuses on when the court accepts a plea; the court explicitly accepted the plea at the hearing despite withholding adjudication | Court emphasized Rule 11’s distinction: acceptance (not formal adjudication) controls; waiver still voluntary |
| Contract-of-adhesion challenge to waiver | Waiver boilerplate in district practice makes it a non-negotiable adhesion contract against public policy | Standard form terms do not automatically make an agreement unenforceable; no evidence McGuire was prevented from negotiating | Waiver not a contract of adhesion invalidating the agreement; enforceable |
| Scope of waiver (appeal of plea-withdrawal denial) | Waiver did not encompass post-acceptance motions or appeals filed prior to adjudication | Prior Seventh Circuit precedent holds appellate waivers in pleas cover appeals of denials of motions to withdraw pleas | Waiver encompasses appeals of denials of motions to withdraw guilty pleas; dismissal affirmed |
Key Cases Cited
- United States v. Wooley, 123 F.3d 627 (7th Cir. 1997) (defendant may waive right to appeal)
- United States v. Williams, 184 F.3d 666 (7th Cir. 1999) (waiver enforceable if knowing and voluntary)
- United States v. Zitt, 714 F.3d 511 (7th Cir. 2013) (Rule 11 substantial compliance standard for waivers)
- United States v. Alcala, 678 F.3d 574 (7th Cir. 2012) (appellate waiver includes appeals of denials of motions to withdraw pleas)
- United States v. Quintero, 618 F.3d 746 (7th Cir. 2010) (de novo review of waiver enforceability)
- United States v. Hare, 269 F.3d 859 (7th Cir. 2001) (form plea terms, including waivers, routinely enforced)
- Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991) (standard-form contract terms can be enforceable)
- Hill v. Gateway 2000, Inc., 105 F.3d 1147 (7th Cir. 1997) (enforcing terms in form contracts)
- Dugan v. R.J. Corman R. Co., 344 F.3d 662 (7th Cir. 2003) (definition and discussion of contracts of adhesion)