United States v. Miles, No. 18-1172 (10th Cir. 2018)Annotate this Case
Giavanni Miles pleaded guilty to two counts of theft of firearms from a federal firearms licensee. He was sentenced to two concurrent 70-month terms of imprisonment. In his Plea Agreement, Miles “knowingly and voluntarily” waived his right to appeal “any matter in connection with this prosecution, conviction, or sentence unless it met one of the following criteria: (1) the sentence exceeded the maximum penalty provided in the statute of conviction; (2) the sentence exceeded the applicable advisory guideline range; or (3) the government appealed the sentence imposed.” Furthermore, the Agreement provided that “[i]f any of these three criteria apply, the defendant may appeal on any ground that is properly available in an appeal that follows a guilty plea.” Nevertheless, Miles appealed, arguing his appeal waiver was unconscionable and contrary to public policy. Alternatively, Miles argued he received ineffective assistance of counsel in the negotiation of the appeal waiver. The Tenth Circuit granted the government's motion and dismissed this appeal: it fell within the scope of the appeal waiver contained in the plea agreement. The Court acknowledged Miles preserved his right to pursue an ineffective-assistance claim in a collateral proceeding.