United States v. Mboule, No. 20-3225 (7th Cir. 2022)
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After his co-conspirator gave officers details about a plan to defraud a university and about previous fraudulent schemes, Mboule was charged and signed a plea agreement. The agreement provided that Mboule was entitled to a reduction in his offense level for acceptance of responsibility and contained an appellate waiver. Mboule participated in a pre-plea proffer session with an FBI agent. Mboule broke his promise to provide complete and truthful information. After a plea colloquy, the district judge accepted Mboule’s plea. At the initial sentencing hearing, the government objected to the PSR’s acceptance-of-responsibility recommendation and presented information about the proffer session. The court also heard testimony from a victim of a different wire fraud that Mboule committed. The district court concluded that Mboule violated his plea agreement.
Mboule moved to withdraw his guilty plea, stating that Mboule’s previous trial counsel failed to inform Mboule that he could “enter[] an open plea of guilty.” The court denied the motion, noting that Mboule did not express dissatisfaction with his attorney or a desire to cancel the plea agreement until he saw the consequences of his lies. Mboule was sentenced to 42 months’ imprisonment, within the guidelines range of 37-46 months. The court advised Mboule of his right to appeal but stated that “[appellate] waivers are generally enforceable.” The Seventh Circuit dismissed an appeal. Mboule has not shown that the plea agreement should be voided in its entirety; the appellate waiver is applicable.
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