· 8/15/2011
United States v. Boroughf
Citations
- 649 F.3d 887
- 2011 U.S. App. LEXIS 16828
- 2011 WL 3557858
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- enforcing a knowing and voluntary appeal waiver if enforcement will not cause a miscarriage of justice
- “[A]pplying the appeal waiver to dismiss [the defendant’s] appeal of the substantive reasonableness of his sentence would not result in a miscarriage of justice.”
- appeal waiver prohibiting appeal of “all sentencing issues” except the calculation of criminal history barred challenge to the substantive reasonableness of a sentence
- prior possession of a 35-gram bag of marijuana was not relevant conduct to conspiracy to distribute thousands of kilograms of marijuana
- “ ‘[A]n allegation that the sentencing judge misapplied the Sentencing Guidelines or abused his or her discretion’ does not, in the face of a valid appeal waiver, constitute a miscarriage of justice.” (quoting Andis, 33 F.3d at 892)
Source: CourtListener parenthetical corpus (CC0).
Judges: Riley, Benton, Shepherd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.