United States v. Keller

Justia.com Opinion Summary: Defendant agreed to plead guilty to three of 26 counts charged two counts of felon-in-possession of a firearm and distribution of more than five grams of crack cocaine. He waived any right to appeal, if his sentence was within the guideline range determined by the agreement. The agreement provided that the guideline range was 188-235 months, but that if the court found that defendant's criminal history category was higher or lower than reflected on attached worksheets and if the finding would result in a lower or higher range, the higher or lower range would become the agreed range. Defendant and his lawyer had written a note in the margin that the range was not agreed. At the sentencing hearing, the government argued for a longer sentence; defendant acknowledged that he would be bound by the court's determination of the range and would not have a right to appeal. The court determined a range of 135-168 months and imposed a sentence of 168 months. The Sixth Circuit affirmed. Even if the government breached the agreement by arguing for a longer sentence than provided by the agreement, defendant's rights wre not prejudiced and he waived appeal.



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