Waiver in plea agreement was limited to sentencing challenges; defendant's 2255 petition attacking his conviction could go forward

United States v. Loumoli, 2021 WL 4200766 (10th Cir. Sept. 7, 2021) (UT): The panel holds the waiver in Loumoli's plea agreement, in which he waived his right to challenge his sentence, did not prevent him from collaterally attacking his conviction. Loumoli's 28 U.S.C. sec. 2255 petition challenged his conviction for using or carrying a firearm during the commission of a crime of violence. In contrast, the panel said, the 'plain language' of the waiver illustrates Loumoli waived only a challenge to his sentence. To be sure, the waiver included examples of the court's decisions that came within the waiver. All of them described components of Loumoli's sentence and did not relate in anyway to the determination of his guilt. The panel reversed the district court's order granting the government's motion to dismiss Loumoli's 2255 petition and remanded for further proceedings.