Skip to main content
· 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 CourtListener

Sourced 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.