United States v. Puentes-Hurtado, No. 13-12770 (11th Cir. 2015)
Annotate this CaseDefendant signed a plea agreement and pled guilty to narcotics and money laundering conspiracies. Defendant subsequently appealed, alleging the ineffective assistance of counsel, that the district court violated Rule 11, and that the government breached the plea agreement. In this case, the plea agreement contained a "limited" appeal waiver which prohibited defendant from appealing or collaterally attacking his conviction and sentence "on any ground," unless the government appealed or the sentence was based on an upward departure, or variance. The court joined its sister circuits and held that defendant's claims are not barred by the appeal waiver. However, on the merits, the court concluded that defendant is not entitled to relief. Accordingly, the court affirmed the convictions and sentence.
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