United States v. Balinda

Summary

Defendant appealed his 72-month sentence for heroin and methamphetamine conspiracy, arguing the government breached the plea agreement by suggesting a two-level premises enhancement under U.S.S.G. § 2D1.1(b)(12) at sentencing. The Second Circuit held that the government did not breach the agreement because it merely responded to the district court's direct inquiries, as permitted by the plea agreement's carve-out for answering court questions. Because the appeal waiver was enforceable and the government's conduct fell within the agreement's terms, the appeal was dismissed. The court also noted that alleged procedural errors do not constitute an exception to a valid appeal waiver.

Holdings

1. The government did not breach the plea agreement because its responses were within the express carve-out in the agreement allowing it to answer court inquiries.

Questions Presented

1. Whether the government breached the plea agreement by responding to the district court's inquiries about the sentencing enhancement, thereby rendering the appeal waiver unenforceable.

Disposition

dismissed