10-2438 U.S. v. Phillips

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Criminal Procedure
As-applied vagueness challenges

A defendant who pleads guilty without raising an as-applied vagueness challenge in the trial court is barred from raising that issue on appeal.

“A guilty plea is more than a mere confession; a defendant who pleads guilty admits not only that he committed the acts described in the indictment but also that he is guilty of the substantive offense. See United States v. Broche, 488 U.S. 563, 570 (1989). Having already admitted guilt of the substantive crime and affirmed as true the underlying facts of the conviction, the defendant can no longer re-argue the facts on appeal and challenge the statute as vague in application. Therefore, while a facial vagueness challenge is jurisdictional, an as-applied vagueness challenge is non-jurisdictional and waived unless specifically reserved for appeal in a conditional plea agreement. Phillips is thus barred from asserting an as-applied vagueness challenge for the first time on appeal.”

Affirmed.

10-2438 U.S. v. Phillips

Appeal from the United States District Court for the Eastern District of Wisconsin, Griesbach, J., Bauer, J.

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