United States v. Vanderwerff, No. 13-1227 (10th Cir. 2015)
Annotate this CaseIn 2012, a federal grand jury indicted defendant-appellant Timothy Vanderwerff for three child-pornography-related offenses. He appealed his conviction and sentence, arguing that the district court erred in rejecting his initial (first) plea agreement with the government because it contained an appellate waiver. The government agreed with defendant, as did appointed amicus counsel, and all parties urged reversal and remand for resentencing. After careful consideration, the Tenth Circuit also agreed that such relief is appropriate. Specifically, the Court concluded that the district court’s rejection of Vanderwerff’s plea agreement was premised on legally erroneous and irrelevant considerations; consequently, its action constituted an abuse of discretion.
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