Hello, Can I appeal my Federal sentence of 57 months even though I signed a plea agreement?

Asked about 2 years ago - Florissant, MO

The judge did advise that I have 14 days for some type of appeal but I do not understand what type of appeal because of course I know that I waived my right to an appeal because I signed a plea agreement. What type of appeal do I have a right too?

My attorney wants to appeal my $225000 Restitution amount because he wants to challenge the validity of each victim that I owe a balance too. I also have a co defendant that is deceased that $90000 of the amount is responsible for. He told me that if I am under the $225k restitution amount I can get more points taken off therefore my sentence could be reduced. Also I have about 150k of personal property that was seized.

The plea agreement I signed was for one count of trafficking counterfeit goods.

Attorney answers (4)

  1. Timothy A. Provis

    Pro

    Contributor Level 15

    8

    Lawyers agree

    Answered . Dear ?,

    You are represented by counsel. He has already consulted with you about your appeal. You should be asking him these questions. We, all lawyers, have an ethics code which prohibits us from discussing a case with a client when that client is already represented by an attorney. Besides, your attorney is in a much, much better position than any of us to answer your questions since he knows much, much more about your case than we do.

    Yours sincerely,
    Tim Provis
    Cal. Bar No. 104800
    Wis. Bar No. 1020123
    Member: U.S. Supreme Court Bar

  2. Charles K. Kenyon Jr.

    Contributor Level 20

    7

    Lawyers agree

    Answered . When I saw your question title, I was going to ask about the plea agreement.

    However, seeing you already have appellate counsel, that is who you should be talking to.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more
  3. Joshua Sabert Lowther

    Pro

    Contributor Level 17

    2

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . Although appeal waivers are difficult to overcome in appellate courts, the District Court's erroneously advising you that you have the right to appeal may be sufficient grounds for you to do so. If such is supported by the law in the circuit in which you were convicted and sentenced, any issue from sentencing may be raised in that appeal.

    Joshua Sabert Lowther, Esq.
    NATIONAL FEDERAL DEFENSE GROUP
    jlowther@nationalfederaldefense.com
    http://www.NationalFederalDefense.com
    866.380.1782

  4. Melvin G. Franke

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Call Terry Flanagan

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