10-2245 U.S. v. Sakellarion

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Criminal Procedure
Appellate waiver

Where a defendant waived her right to appeal, she cannot appeal the extent of her sentence reduction for cooperating with the government.

“We have long held that an appellate waiver ‘stands or falls with the rest of the bargain.’ United States v. Whitlow, 287 F.3d 638, 640 (7th Cir. 2002); see also Nunez v. United States, 546 F.3d 450, 454 (7th Cir. 2008) (citing United States v. Wenger, 58 F.3d 280 (7th Cir. 1995)). When a district court rejects a defendant’s allegations that the government acted in bad faith in breaching a plea agreement, the defendant may not circumvent the agreement’s otherwise valid appellate waiver by appealing the bad faith ruling. See Whitlow, 287 F.3d at 640. Stated otherwise, a mere ‘claim of breach’ does not void a waiver because that would make all appellate waivers unenforceable as ‘talk is cheap.’ Id. Thus, because Sakellarion’s plea agreement with its waiver of her appellate rights remains an enforceable agreement between herself and the government, its appellate waiver requires us to dismiss her appeal.”

Dismissed.

10-2245 U.S. v. Sakellarion

Appeal from the United States District Court for the Northern District of Illinois, Bucklo, J., Tinder, J.

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