Court Upholds Broad Appellate Waiver Provision...Again


Binding plea agreements are increasingly rare today, which leaves many defendants to the district court's discretion at sentencing. The converse is true for appellate waivers. In the author's experience, the Government is seeking appellate waivers, either fully or in part, at an increasing rate in plea negotiations.

In United States v. Hollins-Johnson, the Sixth Circuit again considered the scope of an appellate waiver in a written plea agreement. In this case, the district court accepted Ms. Hollins-Johnson's written plea agreement wherein she agreed to plead guilty to a multi-count indictment. In her plea agreement, she agreed to waive her right to appeal her sentence so long as it did not exceed the statutory maximum. 

At sentencing, the district court sentenced Ms. Hollins-Johnson below the applicable statutory maximums for each of her offenses. She subsequently appealed her sentence, arguing the district court erred in denying her request for home confinement and her request to arrange her sentence so she and her husband (who was apparently also indicted) would not face incarceration at the same time.

After Ms. Hollins-Johnson filed her initial brief, the Government moved to dismiss her appeal, citing the appellate waiver from her plea agreement. Ms. Hollins-Johnson responded by arguing that the waiver was ambiguous and that she did not waive her right to challenge the means in which she had to serve her sentence. The Court disagreed, noting that the waiver provision was not ambiguous, and, since the district court did not sentence her in excess of the applicable statutory maximums for her offenses, the plea agreement's appellate waiver provision barred her appeal.

The Court likewise held the Government did not forfeit its dismissal argument for filing it after Ms. Hollins-Johnson filed her initial brief. An appellate waiver, the Court held, was merely a "claim-processing rule."

Absent binding plea agreements, defendants place their sentences squarely in the hands of district judges. In doing so, they should carefully evaluate whether they also wish to waive their ability to appeal the judges' decisions, as Ms. Hollins-Johnson did.


17 comments:

Mariam said...

MY NAME IS MARIAM FROM SOUTH AFRICA...I SAW THIS COMMENT ON POSITIVE BLOGS AND I WILL LOVE TO TELL EVERYBODY HOW MY STATUS CHANGES TO NEGATIVE, AND AM NOW A LIVING WITNESS OF IT AND I THINK ITS A SHAME ON ME IF I DON'T SHARE THIS LOVELY STORY WITH OTHER PEOPLE INFECTED WITH THIS DEADLY VIRUS...,HIV HAS BEEN ONGOING IN MY FAMILY... I LOST BOTH PARENTS TO HIV,. AND IT IS SO MUCH PAIN IVE NOT BEEN ABLE TO GET OVER.. AS WE ALL KNOW MEDICALLY THERE IS NO SOLUTION TO IT..AND MEDICATION IS VERY EXPENSIVE..SO SOMEONE INTRODUCED ME TO A NATIVE MEDICAL PRACTITIONER IN AFRICA..I HAD A JOB THERE TO EXECUTE SO I TOOK TIME TO CHECK OUT ON HIM.I SHOWED HIM ALL MY TESTS AND RESULTS.. I WAS ALREADY DIAGNOSED WITH HIV AND IT WAS ALREADY TAKING ITS TOWL ON ME.. I HAD SPENT THOUSANDS OF DOLLARS SO I DECIDED TO TRY HIM OUT...I WAS ON HIS DOSAGE FOR 1 MONTHS. ALTHOUGH I DIDNT BELIEVE IN IT, I WAS JUST TRYING IT OUT OF FRUSTRATION... AND AFTER 2 WEEKS, I WENT FOR NEW TESTS... AND YOU WONT BELIEVE THAT 5 DIFFERENT DOCTORS CONFIRMED IT THAT AM NEGATIVE..IT WAS LIKE A DREAM,,I NEVER BELIEVE AIDS HAS CURE..AM NOW NEGATIVE,,AM A LIVING WITNESS..I DONT KNOW HOW TO THANK THIS MAN... I JUST WANT TO HELP OTHERS IN ANY WAY I CAN..HAVE JOINED MANY FORUMS AND HAVE POSTED THIS TESTIMONIES AND ALOT OF PEOPLE HAS MAIL AND CALLED THIS MAN ON PHONE AND AFTER 2 WEEKS THEY ALL CONFIRMED NEGATIVE..BBC NEWS TOOK IT LIVE AND EVERY.. HOPE HE HELPS YOU OUT.. EVERYBODY SAW IT AND ITS NOW OUT IN PAPERS AND MAGAZINES THAT THERE'S NATIVE CURE FOR HIV AND ALL WITH THE HELP OF THIS MAN,,HAVE TRIED MY OWN PARTS AND ALL LEFT WITH YOU,,IF YOU LIKE TAKE IT OR NOT..GOD KNOWS HAVE TRIED MY BEST.ABOUT 97 PEOPLE HAVE BEEN CONFIRMED NEGATIVE THROUGH ME..AND THEY SEND MAILS TO THANKS ME AFTER THEY HAVE BEEN CONFIRMED NEGATIVE,,THIS MAN IS REAL..DON'T MISS THIS CHANCE,,HIV IS A DEADLY VIRUS,,GET RID OF IT NOW..
IN CASE THERE IS ANYONE WHO HAS SIMILAR PROBLEMS AND STILL LOOKING FOR WAY OUT, BELOW ARE THE LIST OF WHAT HE DOES..

Love Spells
Luck, Money Spells
Health, Well Being
Protection, Healing
Curses, ex, Breakups
NEW! Combo Spells
High Priestess Spells
Vampire Spells
Authentic Voodoo Spells
Custom, Other Spells
Business spells
Health/Healing spells
Cancer healing
Curse removal
Job spells
Healing from all kind of diseases
Love binding
Barrenness(need a child)
Need love
Lottery Spells
Promotions
Success
Money rituals
winning court case
Divorce spells
Low sperm count
Infertility in women
Breast enlargement/reduction
Penis enlargement/reduction
Diabetes
Arthritis
sicklecell

YOU CAN CONTACT HIM HERE AS (witchhealing@outlook.com/ his website www.holyaraminta.com) and also his state based number text him here if you're in the US: 760-935-3804 if you need any question contact me via here as mariambaurice@gmail.com i wish you best of luck and good health.

Unknown said...

I never believe this will happen to me Dr. Oseiboh restored my life back to me,i had a curse placed on me by someone with jealousy,that make everybody in my neighborhood hate me from the heart my business got down, Dr. Oseiboh canceled and destroyed the voodoo spell curse placed on me and returned it to the person who did it to me,since then everything about my life is working perfectly my business is moving bigger everyday. Email him now for your own help. via email droseiboh12@gmail.com https://droseiboh12.wixsite.com/spell add him on whatsapp line or call +2347017565415. he can help with . LOVE SPELL TO GET YOUR EX BACK ,LOTTERY SPELL,PREGNANCY SPELL, DIVORCE SPELL,STOP COURT CASE AND WIN ANY COURT PROBLEM,DEATH SPELL,BUSINESS SPELL, MONEY SPELL, AND MANY MORE YOU MAY NEED

Larry Baier said...

I am Larry Baier. I can never stop thanking Dr Graceondu for transforming my life, i have been playing lottery games for a very long time and i have never one day win any game, i met a friend whom i complained to about my inability to win and he introduced me to Dr Graceondu whom helped his life by giving him a game that he played and he won $150,000
so i contacted him through his email and he assured me that i will wine big once he give me a game to play, he asked me to give him two day so he can make prayers to his gods so that the winning numbers will be revealed to him, so i waited for the two days the second day he sent me the number to play, so i went to play the game i never had it in my mind that i was going to win such amount of money, so on that faithful day i went to check the game on April 16, 2021 and behold i got the biggest shock of my life i won $2,000,000 and from that moment my life changed.
all thanks to Dr Graceondu, i want to also advice everyone out there to also contact him if you have been playing lottery and you have never won.
You can reach him via his email, drgraceondu12@gmail.com or WhatsApp him +15204677763, you can also visit his Website. https://drgraceonduadodo.com

Unknown said...

Hi there,

Thank you so much for the post you do and also I like your post, Are you looking for Pure Kush Strain online in the whole USA? We are providing Buy Pink Champagne Online, Blue Cookies Strain, Blue Sherbert strain, Tangie Buds online ,
Buy Gelato 33 online, Forbidden Fruit Strain, White Buffalo strain, Buy Sunset Sherbert online, Buy Gorilla Glue online ,
Neville’s Haze for sale, Get OG Kush online, Buy San Fran OG online, Mendo Breath online, Jungle Boys Strains with the well price and our services are very fast.
Click here for MORE DETAILS......
Contact us at: +1 (916) 469-5044
Email us at: info@buyspacemonkey.com

David Yax said...

i won the lottery and then people kept on asking me how did i do it, well yea there is a little secrete you all never knew about, i was able to win the 80.000.000 lottery with the help of Dr Dominion lottery winning spell, he gave me number to play and instructed me when to play the lottery and i did as he instructed, my dear friends getting rich is never by luck it's something we all have to work for, people have been playing same lottery for years now and have never won, we need to be on the right track to get what we want i am saying this here because i want the best for everyone, you can't win the lottery just like that you need to know exactly what to do, what to play and when to play this is a truth that no one will never tell you, if you want to win big my dear i advice you to talk to Dr Dominion let him guide you on what to do and how to do it with his lottery spell. you can try him

Email: dominionlottospelltemple@gmail.com
website: https://drdominiontemple.com
WhatsApp: +16574277820

Dura-Pack said...

Wow, Thanks for Sharing! Great Stuff! For decades, Dura-Pack has helped Michigan cannabis businesses in optimizing their packaging operations. Michigan marijuana equipment

Antonio Rainey said...


I in addition to my friends have already been studying the good key points located on your web site and immediately got a terrible feeling I never thanked the blog owner for those tips. HOW TO EASILY OBTAIN DMV REAL ID THAT WORKS I know this article will help a lot of us facing ID issues Now Our Days .

Y’all don’t forget to join this EXPERTS TELEGRAM GROUP for more information about the DMV REAL ID SSN and how to acquire them easily with no stress. You can also take advantage to learn and meet many Experts who will guide you on numerous techniques for anyone who love hacking and don’t know how to go about it .

Unknown said...

The doctors said Herpes virus do not have medical cure because the virus is capable of hiding within the human cells, it remains protected from your immune system. Herpes isn’t a special virus – your immune system has the tools to fight it back. But because it is able to lay dormant in protected cells, your immune system is unable to remove it from your body,But with strong reactive herbal medication is capable of getting rid of the virus gradually and totally from your body without damaging any of your cells,natural herbs kills the virus totally not just reducing the out break. Get natural herbs cure Email DR. VOODOO at voodoospelltemple66@gmail.com Add Dr voodoo on whatsApp +2348140120719

Albert Washington said...

Worry no more about how to win big in your lottery game for Dr Amber is able to give you sure winning numbers to win big on your lottery games for I am a winner of $360,000,000. Email: amberlottotemple@yahoo.com or WhatsApp him on +1 (318) 306-5044 or visit: https://amberlottotemple.com for more information.

globaltravelsdoc said...

I must testify that your article is out standing.most of the articles I come across these days do not really provide anything that attracts others as yours, but believe me the way you interact is literally awesome I do respect that so much. I will instantly get your rss and stay informed of any updates you make and as well take the advantage to share some vital information about FAKE MONEY FOR SALE the globaltravelsdoc team.

abdulbasit11803 said...

thank you for a great post.
Getting Adderall Online

mik said...


It's late finding this act. At least, it's a thing to be familiar with that there are such events exist. I agree with your Blog and I will be back to inspect it more in the future so please keep up your act.
Buy Vyvanse Cap 70mg online Indonesia

JNECIA MCCLENTON said...

powerful herbal healer called Dr. voodoo who use his natural herbs to cure
my HIV disease I suffered from 5years, but now I am a happy woman and i am
free from this disease that has been problem to my living, after using Dr.
voodoo herbal medicine within 1week i was diagnose negative, I will
recommend Dr. voodoo to everyone reading this article because this herbal
healer is capable to heal anything below.

1. Diabetes
2. HERPES 1/2
3. CANCER
4. Lymphoma disease
5. Conceived a child
6. Fibroid

Email Dr voodoo at: voodoospelltemple66@gmail.com add Dr. voodoo on
whatsApp: +2348140120719

Yvonne Sauve Of Barrie said...

I have been unlucky playing the Lottery over the years. I couldn't take the pain anymore and I searched for help online. I saw random positive reviews of DR AMBER saying how he has been helpful with his spells. I visited his webpage: ( amberlottotemple.com ) and he told me what was required to get what I seek for done and I accepted. He did a reading for me that made it clear to him that I was going to become a MEGA JACKPOT winner before he gave me the right numbers to play the Lottery. I had faith in him and I went back to the store a few days later to confirm if I had won. While the clerk was checking my ticket, I heard her say ‘Oh my God! I looked up and saw the Big Winner screen of $36,449,852.60. I was completely shocked, but calm. It feels amazing – I can’t imagine this shift in my life and I want to appreciate this man DR AMBER for his help. It’s not everybody that is naturally lucky to win the Lottery but the solution to win is DR AMBER. Email: amberlottotemple@yahoo.com

guruwalik said...

Play india lottery result! That's right, the same game show with the same odds of winning the lotto, the same one millionth of a percent chance of hitting the jackpot. But before you start to fantasize about what you would do with a life changing windfall, you should know that the odds of actually winning the lottery in India are 1 in 292 million. play india lottery result That's still a lot higher than the odds of winning the lotto in the United States, where only 1 in 44 million folks will pull the winning ticket.

Demian Ford said...

I've always dreamt of winning BIG in the lottery. I surfed the internet for help to win the lottery massively and I was directed to the DR Amber website. I had a chat with him about what I needed and he assured me that his spell will make me become a lottery winner. He got back to me after 3 days with the numbers that I needed to play the lottery and told me to believe in myself. I felt enveloped by the control of the spell. I took his words and played the Mega Millions Lottery. Two days later, I was sent an email that I've won the sum of 107 Million Dollars. I was shocked and couldn't believe what my eyes were seeing. Immediately I was given the cash prize, I stopped working. I want to say a very big thank you to DR Amber for helping people like us who really need help. Now I know that there's absolutely nothing too hard for DR Amber to do. To get in touch with him, email : amberlottotemple@yahoo.com or click his webpage URL___ amberlottotemple.com

Leah Gerics said...

It’s a privilege to share this to the world. You deserve all the praise that comes to you. DR Amber has been a blessing to me since our encounter on the internet. He alone knows it all. I love him so much for his kindness, care, honesty and his help in the life of everyone that has come in contact with him. If not for DR Amber how would I have been able to survive this hardship. His spell made me a LOTTO MAX winner of 60 Million Dollars making my whole life beautiful and amazing. The numbers he gave me to play the lottery was a life changing number from grass to grace and I want to say I’m forever grateful to him. Thank you sir for being a blessing to the helpless. Anyone reading this that needs help can communicate with DR Amber online for indeed he has no match.
Website: amberlottotemple.com
Email: amberlottotemple@yahoo.com