United States v. Prestel, No. 22-7009 (10th Cir. 2023)
Annotate this CaseIn July 2021 defendant-appellant Anthony Prestel entered into a plea agreement with the government under Federal Rule of Criminal Procedure 11(c)(1)(C) providing that he would plead guilty to sexual abuse in Indian country, and would receive a term of imprisonment of 300 months. The agreement did not specify the term or conditions of Prestel’s supervised release. But under the heading “MAXIMUM POSSIBLE IMPRISONMENT AND/OR FINE,” the agreement stated, “The defendant understands that the maximum possible penalty for Sexual Abuse in Indian Country is imprisonment for a period of Life and/or a fine of $250,000.00, a term of supervised release of at least 5 years up to a lifetime term to be determined by the Court, and a special assessment in the amount of $100.00 and up to $5,100.” Arguing that the district court unlawfully imposed three special conditions of supervised release as part of his sentence Prestel appealed the imposition of those conditions. The Tenth Circuit concluded Prestel waived his right to appeal the three conditions.
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