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.
Argued: October 30, 2009
Decided: January 26, 2010
Opinion by Chief Judge King
For Appellant: Joseph Bradley Bennett, Salvini & Bennet LLC
For Appellee: William J. Watkins, Jr., Office of the United States Attorney