Gov't Letter Sufficient to Invoke Application of Appeal Waiver Provision

U.S. v. Contreras-Ramos, --- F.3d ----, 2006 WL 2277982 (10th Cir. August 09, 2006)

D waived his right to appeal his sentence in his plea agreement to possession with the intent to distribute methamphetamine. D filed a notice of appeal. Counsel filed an Anders brief and moved to withdraw. The government filed no brief, but submitted a letter stating that the appeal was barred by D’s appeal waiver. This letter was a sufficient invocation of the D’s appeal waiver by the government.