United States v. Yemitan

70 F.3d 746
CourtCourt of Appeals for the Second Circuit
DecidedNovember 30, 1995
DocketNo. 600, Dockets 95-1352(L), 95-1402 and 95-1432
StatusPublished
Cited by102 cases

This text of 70 F.3d 746 (United States v. Yemitan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Yemitan, 70 F.3d 746 (2d Cir. 1995).

Opinions

JACOBS, Circuit Judge:

The defendant has executed a plea agreement in which he and the government undertook to take no appeal from a sentence that falls within a range of 120 to 135 months imprisonment. The sentence imposed was 135 months, and defendant filed an appeal on the ground that the district court failed in its duty under 18 U.S.C. § 3558(c)(1) to adduce reasons for imposing that specific sentence, thereby rendering the sentence illegal and the plea agreement unenforceable. The Government moves to dismiss the appeal, citing the plea agreement. We grant the Government’s motion and dismiss the appeal.

BACKGROUND

On June 21, 1994, defendant Carlton Le-gall was arrested with several others for conspiracy to import heroin into the United States. On March 6, 1995, Legall pleaded guilty pursuant to a written plea agreement to one count of conspiracy to import a controlled substance, an offense which carries a minimum sentence of ten years imprisonment. 21 U.S.C. §§ 963, 960(b)(1)(A).

In Section II of the plea agreement, the parties agreed that the base offense level for the Guidelines applicable to the offense of [747]*747conviction is 36; that a two-level downward adjustment is applicable to reflect defendant’s minor role in the offense; and that the government would not oppose a recommendation that the court apply a three-level downward adjustment for acceptance of responsibility. Considering this defendant’s criminal history category of I, the parties recorded their understanding (in paragraph 10) that the resulting offense level would be 31, that the sentencing range for imprisonment at that offense level would be 108 to 135 months, but that the defendant would remain subject to the statutory maximum and minimum penalties — ten years to life imprisonment.

The parties further agreed that:

[Njeither party will appeal a sentence imposed by the Court which falls within the sentencing range set forth in Section II, paragraph 10 above, notwithstanding the fact that the Court may reach that range by a Guidelines analysis different from that set forth in this agreement.

On June 2,1995, the district court accepted the plea and sentenced the defendant to 135 months of imprisonment, 5 years supervised release, and $50 special assessment. Judgment was entered June 7, 1995. Defendant filed a timely notice of appeal on June 12, 1995. On July 28, 1995, the Government filed this motion to dismiss the appeal.

DISCUSSION

Plea agreements are construed according to contract law principles. United States v. Salcido-Contreras, 990 F.2d 51, 52 (2d Cir.), cert. denied, — U.S. -, 113 S.Ct. 3060, 125 L.Ed.2d 742 (1993). See also Mabry v. Johnson, 467 U.S. 504, 508-09, 104 S.Ct. 2543, 2546-47, 81 L.Ed.2d 437 (1984) (plea bargain is like any other bargained-for exchange); Blackledge v. Allison, 431 U.S. 63, 71, 97 S.Ct. 1621, 1627-28, 52 L.Ed.2d 136 (1977) (plea bargains must be enforced to secure benefits conferred on defendant, prosecution, and public); Santobello v. New York, 404 U.S. 257, 262, 92 S.Ct. 495, 498-99, 30 L.Ed.2d 427 (1971) (bargained-for promise by prosecutor must be fulfilled). In Salcido-Contreras, the defendant argued that the district court’s reasons for imposing the sentence contradicted the conclusions set forth in the plea agreement. We held that, once a sentence is imposed that conforms to the parameters of a plea agreement entered into knowingly and voluntarily, the agreement is enforceable:

In no circumstances ... may a defendant, who has secured the benefits of a plea agreement and knowingly and voluntarily waived the right to appeal a certain sentence, then appeal the merits of a sentence conforming to the agreement. Such a remedy would render the plea bargaining process and the resulting agreement meaningless.

Salcido-Contreras, 990 F.2d at 52-53. Similarly, in United States v. Rivera, 971 F.2d 876 (2d Cir.1992), two defendants filed appeals claiming that the sentencing court failed to make certain downward departures based on criminal history and cooperation with the government. After ascertaining that the sentences imposed fell within the range specified in their plea agreements, we held that defendants had waived their right to appeal, without inquiry into the merits of defendants’ contentions. Rivera, 971 F.2d at 896.

It is undisputed that Legall entered into his plea agreement knowingly and voluntarily. The agreement explicitly provided that neither party would appeal a sentence which falls within the range of 108 to 135 months imprisonment (subject to the statutory minimum and maximum), and the district court in fact imposed a sentence within this range. Under the rule in Salcido-Contreras, defendant is bound by his undertaking in the plea agreement.

Defendant contends that the plea is unenforceable because the district court’s sentence was illegal under 18 U.S.C. § 3553(c)(1). That provision, which applies to the offense of conviction, requires a sentencing court to state the reasons for imposing the particular sentence if the applicable range is wider than 24 months.1 See United [748]*748States v. Sasso, 59 F.3d 341, 352-53 (2d Cir.1995). Although the difference between the mandatory minimum (120 months) and the top of the sentencing range (135 months) is less than 24 months, defendant contends that 18 U.S.C. § 3553(c)(1) refers to the Guidelines range considered without reference to the mandatory minimum (ie., 108 to 135 months). Defendant argues that since this range does exceed the 24-month span, the court erred in imposing its sentence without a specification of reasons. The evident object of this challenge is to achieve a resen-tencing to a shorter term of imprisonment. We conclude that the plea agreement forecloses this appeal. Only the dismissal of this appeal will afford the prosecution the benefit of its bargain.

Our dismissal of this appeal is entirely consistent with 18 U.S.C. § 3742.

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70 F.3d 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-yemitan-ca2-1995.