United States v. Galvez-Quebedo, No. 14-2246 (8th Cir. 2015)
Annotate this CaseGalvez pleaded guilty pursuant to a FastTrack plea agreement to illegal reentry following an aggravated-felony conviction, 8 U.S.C. 1326(a) and (b)(2), waiving the right to appeal his conviction and sentence. Finding that Galvez had previously been deported after a conviction for a felony that was a "crime of violence," (assault with a deadly weapon) the district court applied a 16-level enhancement under U.S.S.G. 2L1.2(b)(1)(A)(ii), calculated an advisory Guidelines range of 37–46 months' imprisonment, and sentenced Galvez to 37 months' imprisonment. The Eighth Circuit dismissed an appeal. Nothing in the government's evidence or argument that contradicted the parties' factual stipulation or otherwise breached the plea agreement; the appeal waiver was valid and enforceable.
Court Description: Smith, Author, with Riley, Chief Judge, and Loken, Circuit Judge] Criminal case - Criminal law. The government did not breach the plea agreement by introducing evidence and making the argument that defendant had been previously convicted of a crime of violence as the plea agreement did not prohibit the government from requesting an upward departure and nothing the government did contradicted the parties' factual stipulation; since the government did not breach the plea agreement, defendant's appeal waiver is enforced, and the appeal is dismissed.
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