By: WISCONSIN LAW JOURNAL STAFF//July 14, 2011//
Criminal Procedure
Waiver of appeal; restitution
A waiver of the right to appeal the sentence includes a waiver of the right to appeal restitution.
“We do not retreat from respecting the limits of plea agreement waivers, but our analysis is guided foremost by the facts before us. Here, the broad language of the waiver and the district court’s detailed colloquy assure us that Worden waived his right to appeal the amount of restitution as well as the order itself. The court’s ‘determin[ation]’ or ‘impos[ition]’ of Worden’s sentence would logically include the calculation of the amount of restitution to be awarded.
The district court, during the plea colloquy, confirmed that Worden intended to waive his right to appeal his ‘conviction or sentence or any order of restitution and the manner by which they were imposed.’”
Dismissed.
10-3567 U.S. v. Worden
Appeal from the United States District Court for the Northern District of Indiana, Van Bokkelen, J., Lefkow, J.