United States v. Sakellarion

Summary

The Seventh Circuit held that Nikole Sakellarion's knowing and voluntary appellate waiver in her original plea agreement remained enforceable. Because she did not seek to withdraw her guilty plea or establish that the original agreement was unenforceable, the court declined to review her claim that the government acted in bad faith by withdrawing from a proposed supplemental plea agreement. The court dismissed the appeal.

Holdings

1. A voluntary and knowing appellate waiver with express and unambiguous terms remains enforceable when the defendant merely claims that the government breached or acted in bad faith regarding a supplemental plea agreement, unless the plea agreement itself is set aside.
2. Because Sakellarion did not seek to withdraw her guilty plea or otherwise invalidate the original plea agreement, the appellate waiver required dismissal of her appeal.

Questions Presented

1. Whether Sakellarion's express appellate waiver remained enforceable when she alleged that the government acted in bad faith by withdrawing from a supplemental agreement to reduce her sentence.
2. Whether a defendant may challenge a district court's rejection of an alleged plea-agreement breach while leaving the guilty plea and original plea agreement in place.
3. Whether Sakellarion's failure to seek withdrawal of her guilty plea left the appellate court with any reviewable issue.

Disposition

dismissed