United States v. Johnson, No. 14-3019 (10th Cir. 2014)
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Vanity Johnson pled guilty pursuant to a written plea agreement in which she "knowingly and voluntarily waive[d] any right to appeal . . . any matter in connection with this prosecution, the defendant's conviction, or the components of the sentence to be imposed herein including the length and conditions of supervised release." Despite her appeal waiver, Johnson filed a notice of appeal and indicated her intent to challenge her sentence. The government moved to enforce Johnson's appeal waiver. On appeal, Johnson argued that her waiver was subject to an exception because the district court relied on an impermissible factor in its sentencing decision. However, Johnson did not challenge that impermissible factor at the district court. Therefore, the Tenth Circuit's review was for plain error only. Finding none, the Tenth Circuit affirmed the district court's grant of the government's motion.
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