United States v. Tellez-Castrejon
690 F. App'x 608
| 10th Cir. | 2017Background
- Defendant Jaime Tellez-Castrejon pleaded guilty to illegal reentry following a felony conviction under 8 U.S.C. § 1326(a)/(b)(1) pursuant to a plea agreement containing a broad appeal waiver.
- He was sentenced to 18 months’ imprisonment on August 25, 2016, the bottom of the Guidelines range (18–24 months) and well below the statutory maximum.
- Despite the waiver, Tellez-Castrejon appealed, arguing his sentence was substantively unreasonable.
- The government moved to enforce the appeal waiver under the Tenth Circuit’s Hahn framework.
- The defendant’s opening brief did not address the waiver and no reply brief was filed; the court thus declined to address any Hahn factor not contested.
- The panel independently reviewed the record, found the waiver valid, knowing, and voluntary, and concluded enforcement would not cause a miscarriage of justice; it granted enforcement and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is barred by the plea agreement’s appeal waiver | Government: waiver bars appellate review of sentence unless a listed exception applies | Tellez-Castrejon: challenges sentence as substantively unreasonable (did not contest waiver in brief) | Appeal waived and dismissed; waiver enforced |
| Whether the defendant knowingly and voluntarily waived appellate rights | Government: signed plea agreement and colloquy show knowing, voluntary waiver | Tellez-Castrejon: did not argue waiver involuntariness on appeal | Court found waiver knowing and voluntary |
| Whether any exception to the waiver applies (statutory maximum, guideline-level 10, or government appeal) | Government: none of the three exceptions apply | Tellez-Castrejon: contended sentence unreasonable but did not invoke exceptions | No exception applied; sentence below statutory max and based on offense level nine |
| Whether enforcing the waiver would result in a miscarriage of justice | Government: enforcement would not cause miscarriage of justice | Tellez-Castrejon: did not argue miscarriage of justice | Court found no miscarriage of justice and enforced the waiver |
Key Cases Cited
- United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (sets three-factor test for enforcing appeal waivers)
- United States v. Porter, 405 F.3d 1136 (10th Cir. 2005) (declines to address Hahn factor not contested by defendant)