United States Third Circuit

Convicted mail thief is not permitted to appeal the court's application of sentencing Guidelines, where the appellate-waiver provision of his plea agreement grants the district court broad discretion to determine the applicable Guidelines range. Though the court erred in failing to inform him of the terms of his appellate waiver per FRCP 11(b)(1)(N), that error was not particularly egregious.

Appellate Information

• Argued 10/01/2008
• Decided 12/15/2008
• Published 12/15/2008

Judges

• Before:  FISHER, CHAGARES and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Candace Cain (Argued), Office of Federal Public Defender, Pittsburgh, PA, Attorney for Appellant.


• For Appellees:
  
• Robert L. Eberhardt, Laura S. Irwin (Argued), Kelly R. Labby, Office of United States Attorney, Pittsburgh, PA, Attorneys for Appellee.