Monday, November 27, 2017

Appeal Waiver Enforced on Subsequent Appeal Following Remand

US v. Titties (Titties II), 2017 WL 5438588 (10th Cir. 11/14/17) (unpublished): In his first appeal, Mr. Titties (aka Tittles) convinced the Tenth Circuit that he was no longer subject to the Armed Career Criminal Act following the Johnson decision. On remand, the district court gave him the maximum sentence of 10 years for his felon in possession conviction. He appeals that sentence. This time around, the Tenth Circuit enforces the plea agreement and dismisses the appeal.