Rule 11(c)(1)(C) guilty plea sentences are not invalid under Booker

SENTENCING/PLEA AGREEMENT United States v. Silva, No. 04-1522, ___ F.3d ___ (10th Cir. Jul. 7, 2005)(Colorado). Appeal of sentence for possession of firearm in violation of 18 U.S.C. § 922(g)(1) where defendant’s sentence was imposed under terms of plea agreement negotiated under Rule 11(c)(1)(C) of Federal Rules of Criminal Procedure. HELD: Sentences imposed under plea agreements negotiated under Rule 11(c)(1)(C) of Federal Rules of Criminal Procedure are not invalidated by Supreme Court’s decision in United States v. Booker, 125 S.Ct. 738 (2005). Sentence imposed under Rule 11(c)(1)(C) plea arises directly from agreement itself, not from mandatory application of sentencing guidelines. Thus, because Booker is concerned with sentences arising through mandatory application of sentencing guidelines, it is inapplicable in Rule 11(c)(1)(C) situations where court is bound by sentencing range agreed by parties. Read the opinion here.