The Fifth Circuit has dismissed a federal drug defendant’s renewed sentencing appeal, holding that his plea agreement’s appeal waiver remains enforceable after the Supreme Court’s decision in Hunter.
Harris pleaded guilty to possessing methamphetamine with intent to distribute and received a 240-month prison term. He challenged guideline enhancements, but the court had previously enforced the waiver. The Supreme Court returned the case for reconsideration in light of Hunter, which addressed when an appellate waiver may be set aside to prevent a miscarriage of justice.
On remand, the Fifth Circuit reached the same result. It said the asserted guideline error was the sort of ordinary sentencing dispute covered by the agreement, not the exceptional injustice contemplated by Hunter. The appeal was dismissed without a fresh decision on the merits of the enhancements.
Official Fifth Circuit opinion
