U.S. Court of Appeals for the Second Circuit
Prior Criminal History — Appeal Waiver
United States v. Nourse
Judges Jacobs, Pooler and Wesley
Background: The defendant appealed from a sentence of 60 months’ imprisonment for conspiracy to distribute and possess with the intent to distribute more than 100 kilograms of marijuana. The defendant challenges the sentence with respect to the modification based upon his criminal history.
Ruling: The Court of Appeals affirmed. The defendant had waived his right to appeal when he took a plea. Despite the defendant’s contention that the district court did not properly express the terms of the waiver, the Second Circuit found that the terms of the waiver were expressed and the defendant never preserved his objection.
Brenda K. Sannes for the appellee; Devin McLaughlin of Langrock Sperry & Wool for the defendant-appellant