United States v. Galloway, No. 18-1304 (7th Cir. 2019)
Annotate this CaseGalloway pleaded guilty to possessing ammunition as a felon. Galloway’s guideline range would have been 130-162 months in prison if it were not capped by a 120-month statutory maximum. The government asked the court to give Galloway the full 120 months. Galloway’s attorney told the court he had determined, after reviewing the Sentencing Guidelines and precedent, that “there was no way to make an objection,” and argued generally for a downward departure. Galloway appealed his 120-month sentence, raising an unpreserved argument that the district court used an incorrect guideline range. The Seventh Circuit dismissed his appeal. In his plea agreement, Galloway waived his appellate rights with respect to the “sentence imposed and the manner in which the sentence was determined” except in the event of a deviation by the district court from a recommendation made by one of the parties. The court acknowledged that the language used in this appellate waiver is unusual, but rejected Galloway’s arguments that his lawyer’s sentencing arguments did not constitute a recommendation because they did not include a specific proposal for a certain length of incarceration.
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