United States v. Presley, No. 20-5213 (6th Cir. 2021)
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Presley pleaded guilty to participating in a conspiracy to burglarize more than 90 pharmacies, 18 U.S.C. 2118(d), and to assault of a police officer, 21 U.S.C. 2118(c). Presley had attempted to flee from arrest by speeding off in a car, almost striking the arresting officer, and had led a high-speed chase through residential areas before becoming stuck in a yard. Presley received a full reduction for acceptance of responsibility. He stipulated to “specific offense characteristics” for the conspiracy count: the burglary involved a structure other than a residence, the offense involved more than minimal planning, and the loss was more than $20,000 but less than $95,000. The court added one level because a controlled substance was taken, two levels for possession of a crowbar as a “dangerous weapon,” six levels for the assault of the officer, and two levels for the risk created to others by Presley’s flight. During his plea colloquy, Presley twice confirmed that he had discussed the appeal waiver with his attorney and was “giving up the right to appeal the sentence to be imposed.” With a Guidelines range of 92-115 months, after addressing the 18 U.S.C. 3553(a) factors, the court imposed a 102-month sentence.
Though Presley’s plea agreement contained an appellate waiver, he challenged his sentence. The Sixth Circuit dismissed. Presley knowingly and voluntarily waived his right to appeal and was aware of the consequences; both his appellate waiver and his plea agreement are enforceable.
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