Sentencing – Appeal Waiver

By: Derek Hawkins//September 18, 2019//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Curtis L. Johnson

Case No.: 18-2350

Officials: EASTERBROOK, SYKES, and BRENNAN, Circuit Judges.

Focus: Sentencing – Appeal Waiver

During an in-chambers conference among court and counsel, Curtis Johnson’s attorney withdrew an objection to the restitution amount to be paid to the victims of his client’s wire fraud. Johnson was not present. Then, in open court, Johnson confirmed he no longer disputed restitution, recognized the plea agreement included an appeal waiver, pleaded guilty, and was sentenced. Johnson now challenges his sentence, arguing he did not waive this appeal and his sentence is unconstitutional because he was not present when his attorney dropped the restitution objection. We uphold the appeal waiver and dismiss Johnson’s appeal.

Dismissed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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