United States v. Guice, No. 18-1327 (8th Cir. 2019)
Annotate this CaseDefendant appealed his sentence after pleading guilty to being a felon in possession of a firearm. The Eighth Circuit dismissed defendant's appeal, holding that defendant's attempt to contest a sentencing enhancement unrelated to criminal history fell within the plain language of the appeal waiver. The court also held that defendant's waiver was knowing and voluntary where he signed the plea waiver of his own volition and heard the district court read it aloud. Finally, the court rejected defendant's argument that the agreement was void for lack of consideration and held that the mere misapplication of the Guidelines does not render the enforcement of an appeal waiver a miscarriage of justice.
Court Description: Kelly, Author, with Benton and Melloy, Circuit Judges] Criminal case - Criminal law. Defendant executed a knowing and voluntary appeal waiver, and his challenge to imposition of an enhancement under Guidelines Sec. 2K2.1(b)(6)(B) was within the scope of the waiver; the plea agreement was supported by consideration; mere misapplication of the Guidelines does not render the enforcement of an appeal waiver a miscarriage of justice.
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