Eleventh Circuit Court of Appeals - Published Opinions

Thursday, June 15, 2006

Bascomb: Bound by Appeal Waiver

In U.S. v. Bascomb, No. 05-13932 (June 14, 2006), the Court dismissed a defendant’s appeal because he agreed in his plea agreement to an appeal waiver.
At sentencing, the district court expressed reservations about the harshness of imposing a mandatory 120-month minimum sentence on a defendant convicted of cultivating marihuana at his home. The defendant sought to raise this point on appeal. The Court held that, notwithstanding the district court’s comments, the defendant remained bound by the written terms of his plea agreement.