United States v. Harrison, No. 11-6214 (10th Cir. 2011)
Annotate this CaseThe issue before the Tenth Circuit in this case was the government's motion to enforce an appeal waiver contained in Defendant Shawndell Harrison's plea agreement. The defendant pled guilty to one count of being a felon in possession of a firearm and ammunition. The district court sentenced defendant to 188 months' imprisonment. This sentence was below the statutory maximum of life imprisonment and at the high end of the 180 to 188 month advisory guideline range determined by the district court. In his plea agreement, Defendant "knowingly and voluntarily waive[d] his right" to "[a]ppeal or collaterally challenge his guilty plea." Despite this waiver, Defendant filed a notice of appeal, seeking to assert a claim that the district court erred in enhancing his sentence under the Armed Career Criminal Act (ACCA). On appeal to the Tenth Circuit, Defendant argued that it would be a miscarriage of justice to enforce the appeal waiver because "of the need to know whether the district court correctly applied the ACCA in calculating the correct sentence." The Tenth Circuit found however that "defendant's miscarriage-of-justice argument is simply a claim of sentencing error, and this court has repeatedly held that alleged sentencing errors do not establish that enforcement of the appeal waiver would be unlawful under the miscarriage-of-justice inquiry." The Court granted the government's motion and dismissed this appeal.
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