United States Fifth Circuit

A defendant who agreed "to be sentenced pursuant to the applicable Sentencing Guidelines" is not precluded from raising on appeal an alleged Fanfan error where he did not explicitly waive his right to challenge the constitutionality of the guidelines on appeal, and his plea agreement did not specify mandatory or advisory application of the guidelines.

Appellate Information

• Decided 03/17/2006
• Published 03/17/2006

Judges

• PER CURIAM:, Before REAVLEY, JOLLY and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Renata Ann Gowie, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Fed. Pub. Def., Molly E. Odom, Houston, TX, for Defendant-Appellant.