General appeal waiver provision of plea agreement may waive right to appeal restitution order imposed as part of sentence
SENTENCING/APPEAL United States v. Cooper, No. 06-6309, ___ F.3d ___ (10th Cir. Aug. 21, 2007)(W.D. Oklahoma). Appeal of restitution order imposed as part of sentence for securities fraud and money laundering. HELD: (1) Language in plea agreement in which defendant agreed that restitution order would be part of sentence brought restitution order within scope of appeal waiver provisions of plea agreement related to sentence. (2) Challenge to amount of restitution award based on sufficiency of evidence is challenge that is necessarily based on disputed facts, not question of law. Therefore, sufficiency of evidence challenge to restitution award does not survive appeal waiver because it does not challenge legality of award. Read the opinion here. |
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