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
- 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.
- 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.
- Enforcing the valid appeal waiver did not warrant an exception based on due process or miscarriage-of-justice arguments.
Questions Presented
- Whether the appeal waiver in the plea agreement was knowing and voluntary.
- Whether the appeal waiver applied to Duarte Godinez's challenge to the reasonableness of her sentence.
- 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.
Court Document
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