United States v. Tommy Walters
2013 U.S. App. LEXIS 20659
| 5th Cir. | 2013Background
- Walters was convicted by jury of conspiracy to distribute and possess with intent to distribute large quantities of cocaine and cocaine base, plus unlawful use of communications facilities.
- The Government filed a sentencing enhancement under 21 U.S.C. § 851 based on Walters’ two prior felony drug convictions, potentially exposing him to life imprisonment.
- Walters moved for a new trial and arrest of judgment, arguing the district court improperly allowed two alternate jurors to participate in deliberations.
- Walters entered a sentencing agreement with the Government, agreeing to withdraw pending motions and waive the right to appeal in exchange for dismissal of the second § 851 enhancement, resulting in a 240-month sentence.
- The district court ultimately sentenced Walters to 240 months; the appeal challenges the validity and consequences of the appeal waiver in the sentencing agreement, which the court resolves by dismissing the appeal.
- Walters’ voluntary acceptance of the deal divested him of the possibility of receiving a life term and he cannot retract the agreement after benefitting from it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal waiver in the sentencing agreement enforceable to bar Walters’s challenge? | Walters contends the waiver may be involuntary or unknowingly entered. | Walters knowingly and voluntarily agreed to the waiver; the Court should enforce it. | Yes; the waiver is knowing and voluntary and bars the appeal. |
Key Cases Cited
- United States v. Melancon, 972 F.2d 566 (5th Cir. 1992) (enforceability of appeal waivers in criminal agreements)
- United States v. Cheney, 571 F.3d 764 (8th Cir. 2009) (waiver validity when knowingly and voluntarily entered)
- Trejo-Nolasquez v. United States, 346 F. App’x 374 (5th Cir. 2009) (employment of sentencing agreement waivers on appeal)
- United States v. Cano, 190 F. App’x 34 (2d Cir. 2006) (enforceability of waivers in sentencing contexts)
- United States v. Stevens, 66 F.3d 431 (2d Cir. 1995) (precedent on waivers in appellate rights)