United States v. Bagley, No. 17-2382 (8th Cir. 2018)Annotate this Case
The Eighth Circuit enforced an appeal waiver as to a criminal history challenge and vacated a restitution award. In this case, defendant stole a car at gunpoint, killed the dog that was inside the vehicle, and caused a multi-vehicle traffic accident.
The court held that defendant's appeal waiver was valid and should be enforced as to his challenge to his criminal history score, because the record demonstrated that defendant entered into the plea agreement and the appeal waiver knowingly and voluntarily; the argument fell within the scope of the waiver; and no miscarriage of justice would result from enforcing the waiver. However, the court held that defendant's challenge to the ordered restitution fell outside the scope of the appeal waiver; the restitution amount for chiropractic care for one of the victims was not supported by evidence because it was based on an estimate, not the actual loss caused by the injury; as to restitution for the death of the dog, it was properly based on the provisions of the Mandatory Victims Restitution Act addressing lost or destroyed property; and there were no other non-frivolous issues for appeal outside the scope of the waiver.