Tenth Emphasizes Enforceability of Appeal Waivers

U.S, Garcia-Ramirez, 2015 WL 676802 (2/18/15) (Col.) (Published) - The 10th publishes this 3-page decision to make sure defendants don't avoid appeal waivers based on a misinterpretation of its decision in U.S. v. Black, 773 F.3d 1113 (10th Cir. 2014). The defense tried to take advantage of Black to overcome an appeal waiver. In Black, the 10th bypassed resolving the appeal waiver issue and addressed the merits because the waiver issue was relatively complex, the government briefed the merits and the merits issue was really easily decided against the defendant. It would be wrong, the 10th holds, to grant relief to a defendant without resolving the appeal waiver issue. Otherwise, the government would lose the benefit of the waiver. So, since Mr. Garcia-Ramirez didn't establish he could avoid the waiver under U.S. v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc), his appeal was dismissed.