US v. Manigan, No. 08-4292
District court's sentencing and conviction of defendant for drug related crimes is affirmed where: 1) an appellate waiver will not be enforced where a district court has advised a defendant that, contrary to the plea agreement, he is entitled to appeal his sentence, as the defendant can hardly be said to have knowingly waived his right of appeal; and 2) the district court did not err in increasing the offense level because the PSR recitation circumstantially supports the district court's application of a weapon enhancement and because defendant failed to show that it was clearly improbable for the handguns to be connected to the common scheme or plan surrounding his drug activities.
Read US v. Manigan, No. 08-4292
Appellate Information
Argued: October 30, 2009
Decided: January 26, 2010
Judges
Opinion by Chief Judge King
Counsel
For Appellant: Joseph Bradley Bennett, Salvini & Bennet LLC
For Appellee: William J. Watkins, Jr., Office of the United States Attorney