Appeal waiver provision of plea agreement forecloses challenge to term of supervised release even if term is unrelated to offense of conviction

APPEAL United States v. Sandoval, No. 04-2323, ___ F.3d ___ (10th Cir. Feb. 26, 2007)(New Mexico). Action on Government’s motion to enforce appeal waiver provision of plea agreement. HELD: Court of appeals will not consider appellant’s claim that district court’s imposition of term of supervised release restricting contact with children was improper where appellant was prior convicted sex offender, but was being sentenced for theft of government vehicles, not sex offense. In plea agreement with Government, appellant agreed to waive right to appeal all aspects of sentence except upward departure from sentencing guidelines. Supervised-release conditions are part of sentence and appellant’s plea agreement makes clear that appeal waiver encompasses all challenges to sentence other than those falling within the explicit exception for challenges to upward departures. Read the opinion here.