Posted on May 4, 2007 by Tami Cowden

Waiver of Appellate Rights Prevents Reversal of Error

In U.S. v. Bibler,  the Ninth Circuit held that the defendant’s waiver of appellate rights as part of her plea agreement deprived the court of jurisdiction. Even though error in the sentence seems apparent, as the district court held, contrary to U.S. v. Cardenas-Juarez, 469 F.3d 1331 (9th Cir. 2006), that the safety valve exception to statutory minimums created by of 18 U.S.C. § 3553(f) did not apply post Booker, such error did not render the sentence illegal. The Court dismissed the appeal.

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Posted on May 4, 2007 by Tami Cowden

Ninth Joins Other Circuits in Interpretation of U.S. v. Booker

In  U.S. v. Ray, the Ninth Circuit joins other circuits in finding that U.S. v. Booker, 543 U.S. 220 (2005) did not redefine the “statutory maximum” language, for purposes of determining appropriate sentences for revocation of supervised release. “Statutory maximum” continues to refer to the maximum penalty provided for the offense by the U.S. Code, rather than the maximum penalty mandated by the sentencing guidelines.   Even though Ray has already served a longer total period of incarceration then the twelve months the sentencing guidelines mandate for her offence, the statutory maximum is thirty years. Accordingly,  the Court affirmed her sentence of six months incarceration imposed after her violation of condition of supervised release.   

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