Defendant Can Waive Booker Appeal

U.S. v. Maldonado, 2005 WL 1395112 (6/14/05) - The 10th reaffirms that a defendant can waive the chance to appeal a Booker issue. Nonetheless, to determine if the waiver is valid, the 10th does go through the plain error analysis for Booker error and decides the 4th prong of the analysis is not met even though the district court committed constitutional error, rejected some enhancements and sentenced at the low end of the range.