09-3285 U.S. v. Chapa

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Criminal Procedure
Waiver of appeal

Where a defendant waived his right to appeal, and acknowledged in the plea agreement that he might not be eligible for a safety valve reduction, his appeal arguing mutual mistake when he did not receive the reduction must be dismissed.

"In examining the plea agreement, we do not find support for Chapa's position that his agreement was predicated on the mutual mistake as to his eligibility for safety valve treatment. Paragraph eleven of the agreement includes the provisions, 'Defendant understands that if he does not qualify for [safety valve treatment], defendant will be subject to a statutory mandatory minimum sentence' and '[a]bsent the applicability of [safety valve treatment], the Court cannot sentence below a statutory mandatory minimum term of imprisonment.' This language was preceded by one paragraph with Chapa's waiver of appellate rights. The agreement, therefore, leaves no doubt that Chapa contemplated his potential safety valve ineligibility when waiving his right to appeal."

Dismissed.

09-3285 U.S. v. Chapa

Appeal from the United States District Court for the Southern District of Indiana, McKinney, J., Springmann, J.

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