Background

• Toth, one of fourteen defendants in a VA disability benefits scheme, pleaded guilty to Counts 1 and 8 under a plea agreement that included an appellate waiver.
• The district court conducted a factual basis, and the court accepted the guilty plea as knowing and voluntary.
• The written plea agreement provided for a 21-month sentence and dismissal of Counts 3, 7, and 9; it also waived all appellate rights.
• Eighty days after the plea, Toth sent a letter claiming coercion by counsel and asking to withdraw the plea; the court held an evidentiary hearing and denied the withdrawal motion.
• Toth appealed the denial of his withdrawal motion, but the plea agreement included an appeal waiver stating he knowingly and voluntarily waived direct appeal of conviction and related rights.
• The Sixth Circuit dismissed the appeal due to the valid, knowing, and voluntary appeal waiver.

Issues

Key Cases Cited

• United States v. Calderon, 388 F.3d 197 (6th Cir. 2004) (appeal waivers may be enforced if knowing and voluntary)
• In re Acosta, 480 F.3d 421 (6th Cir. 2007) (waiver validity challenges; knowing and voluntary standard)
• United States v. Fleming, 239 F.3d 761 (6th Cir. 2001) (sine qua non of waiver is knowing and voluntary agreement)
• United States v. Caruthers, 458 F.3d 459 (6th Cir. 2006) (de novo review of waiver scope)
• United States v. Elliott, 264 F.3d 1171 (10th Cir. 2001) (appeal of denial of withdrawal of guilty plea falls within waiver)
• United States v. Gray, 528 F.3d 1099 (8th Cir. 2008) (enforce waiver where knowing and voluntary)
• United States v. Morrison, 171 F.3d 567 (8th Cir. 1999) (explicit waiver language regarding appeal of motions)
• United States v. Haygood, 549 F.3d 1049 (6th Cir. 2008) (factors for fair and just reason to withdraw plea)