(Download) "United States v. Bond" by United States Court of Appeals for the Ninth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Bond
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 21, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Casey Bond appeals his sentence in light of United States v. Booker, 125 S.Ct. 738 (2005). Although Bond pleaded guilty pursuant to a plea agreement that included an appeal-waiver provision, he argues that he is still has the right to appeal by virtue of a provision in the agreement that authorizes appeal of sentences exceeding the "statutory maximum." He reasons that Booker changes the definition of "statutory maximum" to the maximum term of incarceration that is authorized by facts admitted to by the defendant or found by a jury beyond a reasonable doubt. Because, however, post-Booker, "statutory maximum" assumes its ordinary definition of the maximum term of imprisonment authorized by the statute of conviction for purposes of a plea agreement, and because Bond was sentenced below the statutory maximum as so defined, we dismiss the appeal as barred by the valid plea agreement.