United States v. Duarte Godinez

No. 20-60596 (5th Cir. Apr. 7, 2021) (per curiam) (unpublished) · United States Court of Appeals for the Fifth Circuit · April 7, 2021 · No. No. 20-60596

Summary

The Fifth Circuit dismissed Maria Teresa Duarte Godinez’s appeal of her 262-month sentence for conspiracy to possess with intent to distribute methamphetamine. The court held that her plea-agreement appeal waiver was knowing and voluntary and applied to her claim that the sentence was unreasonable, granting the Government’s motion to dismiss.

Holdings

  1. The appeal waiver was knowing and voluntary because the record showed that Duarte Godinez knew she had a right to appeal and understood that she was giving up that right in the plea agreement.
  2. The plain language of the appeal waiver barred Duarte Godinez's challenge that her sentence was unreasonable because it failed to account for unwarranted sentencing disparities.
  3. Enforcing the valid appeal waiver did not warrant an exception based on due process or miscarriage-of-justice arguments.

Questions Presented

  1. Whether the appeal waiver in the plea agreement was knowing and voluntary.
  2. Whether the appeal waiver applied to Duarte Godinez's challenge to the reasonableness of her sentence.
  3. Whether enforcing the appeal waiver would violate due process or constitute a miscarriage of justice.

Disposition

dismissed

Cases Cited (3)

  • United States v. Baymon, 312 F.3d 725, 727 (5th Cir. 2002)(followed)
  • United States v. Portillo, 18 F.3d 290, 292 (5th Cir. 1994)(followed)
  • United States v. Bond, 414 F.3d 542, 544, 546 (5th Cir. 2005)(followed)

Cited In (0)

No citing cases on record yet.

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