United States v. Rollings, No. 13-6014 (10th Cir. 2014)
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Terry Jo Rollings pled guilty to one count of knowingly possessing stolen goods. As part of the plea agreement, Rollings waived the right to appeal his guilty plea, the restitution imposed, and any other aspect of his conviction. Despite waiving his right to appeal in his plea agreement, Rollings petitioned the Tenth Circuit to challenge his plea, arguing it was not knowing and voluntary because he was not advised of the court’s authority to order restitution and because he was not aware of all of the elements of the crime charged. Since his guilty plea allegedly was not knowing and voluntary, he claimed that his waiver of his right to appeal the plea was likewise invalid. The government moved to enforce Rollings’s appeal waiver. The Tenth Circuit found the plea was entered knowingly and voluntarily, affirmed the district court's decision and granted the government's motion to enforce the appeal waiver in the plea agreement.
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