United States Tenth Circuit

An appeal from a sentence imposed pursuant to a guilty plea to conspiracy to distribute heroin is dismissed where, on the facts of the case, defendant knowingly and voluntarily waived her appeal rights, notwithstanding a magistrate judge's error at the plea hearing in informing defendant that the maximum penalty for a 21 U.S.C. section 846 offense is 120 months, when it is in fact the statute's mandatory minimum sentence that is 120 months.

Appellate Information

• Decided 02/28/2008
• Published 02/29/2008

Judges

• BALDOCK, Circuit Judge., Before O'BRIEN, BALDOCK, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David N. Williams, Assistant United States Attorney (Larry Gómez, Acting United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff/Appellee., Scott M. Davidson, Albuquerque, NM, for Defendant/Appellant.