United States v. Craig Alan Swanberg (02-1659) and Adam Elwin Tuimala (02-1836)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Swanberg waived his right to appeal in his plea agreement
• explaining that when done “knowingly and voluntarily,” “[c]riminal defendants may waive their right to appeal as part of a plea agreement”
• holding that even though the sentencing judge incorrectly informed Swanberg that he had the right to appeal, Swanberg’s statements “in open court that he had given up his right to appeal whatever sentence he received” meant that he “knowingly waived the right to appeal”
• explaining that selling drugs to multiple individuals did not allow for a leadership enhancement under U.S.S.G. § 3B1.1 because that is only exercising control over the property, assets, or activities of the enterprise
• considering a waiver knowing and voluntary when the court explained the waiver at the plea hearing although the court later erroneously informed the defendant that he had the right to appeal
• reviewing circuit case law, and concluding that a circuit court may review for plain error a defendant’s claim that the government breached the plea agreement, notwithstanding an appeal waiver, even if the defendant does not raise this argument with the district court

Source: CourtListener parenthetical corpus (CC0).