Appeal waiver is not enforceable if government breaches plea agreement

APPEAL/PLEA AGREEMENT United States v. Rodriguez-Rivera, No. 06-3386, ___ F.3d ___ (10th Cir. Mar. 11, 2008)(Kansas). Appeal of convictions for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(ii). HELD: Appeal waiver in plea agreement is not enforceable if government breaches agreement. In this case, however, government’s arguments concerning defendant’s related offense conduct and supervisory role sentence enhancement, as well as arguments against acceptance of responsibility sentence reduction, were either required or permitted by express language of plea agreement. Therefore, government did not breach plea agreement and appeal waiver is enforceable against defendant. Read the opinion here.