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US v. Ruff, No. 09-16304

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By FindLaw Staff on January 10, 2011 3:07 PM

Appeal from Firearm Sentence Dismissed

In US v. Ruff, No. 09-16304, the court dismissed defendant's appeal from his sentence for firearm and drug offenses, where defendant's appeal waiver was knowing and voluntary, and his sentence was not within either exception to the waiver.


As the court wrote:  "Kenneth Ruff appeals his 228-month total sentence, imposed after he pled guilty to various firearm and drug offenses. The Government asserts Ruff should not be able to appeal his sentence because in connection with his guilty plea, Ruff signed an appeal waiver in which he agreed to waive his rights, conferred by 18 U.S.C. § 3742, to appeal any sentence imposed unless the sentence (1) exceeded the statutory maximum, or (2) was the result of an upward departure from the Guidelines range established by the district court at sentencing."

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