Petition for Writ of Certiorari — George Ferrer Sanchez, Petitioner v. United States

Supreme Court briefSep 15, 2021

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NO:

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 2020

GEORGE FERRER SANCHEZ,

Petitioner,

Vv.

UNITED STATES OF AMERICA,

Respondent.

On Petition for Writ of Certiorari to the

United States Court of Appeals

for the Eleventh Circuit

PETITION FOR WRIT OF CERTIORARI

Timothy Cone

Counsel for Petitioner Sanchez

1615 New Hampshire Avenue N.W.

4" floor (North)

Washington, D.C. 20009

Tel. (202) 862-4333

QUESTION PRESENTED FOR REVIEW

Across all federal circuits, the courts of appeals have held that, as part of a plea agreement

with the government, a criminal defendant can waive his right to appeal his conviction and sentence.

A number of federal judges have dissented from this view, stating that the right of appeal cannot be

waived in a plea agreement. A number of State Supreme Courts agree that the right of appeal is nonwaivable. Petitioner, whose appeal to the United States Court of Appeals for the Eleventh Circuit

was dismissed based on the appeal waiver in his plea agreement, urges this Court to hold that appeal

waivers in plea agreements are not enforceable.

INTERESTED PARTIES

There are no parties to the proceeding other than those named in the caption of the case.

il

TABLE OF CONTENTS

QUESTION PRESENTED FOR REVIEW .......... 0.0. neces 1

INTERESTED PARTIES ......... 20.0... ccc cece een n tence en tenes il

TABLE OF AUTHORITIES ....... 0.0... ccc cc teen eee teens IV

PETITION. ... 0... eee ee eee teen e tence eee e nnn eee eeee 1

OPINION BELOW .......... 0... ccc ce eee eee ene b ene n nent ene ene es 2

STATEMENT OF JURISDICTION. ......... 20... cc ccc eee een ene eens 2

CONSTITUTIONAL AND OTHER PROVISIONS INVOLVED................... 000005 2

STATEMENT OF THE CASE. ...... 20.0... 0c ccc eee e eee ee nen nee 3

1. Statement of Facts and Course of Proceedings.................. 022 cee eee 3

REASONS FOR GRANTING THE WRIT ....... 0.0... eee eee eee nee 7

l. Appeal waivers should be unenforceable ........... 20.0... cee eee ee ee 7

A. Appeals waivers “are inherently unknowing and

unintelligent.” 2.0... eee eee eee eens 7

B. Appeal waivers are a use of federal prosecutors’

bargaining power that undermines judicial integrity.................. 9

2. Sanchez’ appeal was challenging significant sentencing errors.............. 1]

CONCLUSION. ..... 0... eee ee teen ene ent n ence nee e eens 15

APPENDIX... 0... ccc cece en eee nen ene n cence nee e eens 25

Decision of the Court of Appeals for the Eleventh Circuit,

United States v. Sanchez, _ Fed. Appx. __ (11" Cir. February 19, 2021)

(unpublished) .......... 0... cece eee nee e eee e eee e eens A-1

Order of the Court of Appeals for the Eleventh Circuit

denying rehearing sentence... 1... 0... cece eee nen nee A-5

iil

Judgment imposing sentence ....... 20.0... ccc eee e ene neeas A-6

TABLE OF AUTHORITIES

CASES:

Class v. United States, U.S. __, 138 S.Ct. 798 (2018)... ee ce eee 7

Cradler v. United States, 891 F.3d 659 (6™ Cir. 2018)... 0... ccc cee eee cee ee 11

Garza v. Idaho, U.S. __, 139 S.Ct. 738 (2019) ... 2... eee .5, 7,12

McNabb v. United States, 318 U.S. 332 (1943) 0... cee eee ne eee 9,10

McCarthy v. United States, 394 U.S. 459 (1969)... cc eee eee 5

People v. Batista, 167 A.D. 3d 69, 86 N.Y.S. 3d 492 (N.Y. App. Div. 2d 2018) ...... 13

People v. Bisono, _N.Y.3d__, 2020 NY Slip Op. 7484 (N.Y. 2020)........... 13-14

People v. Harrison, 386 Mich. 269, 191 N.W. 2d 371 (Mich. 1971)............0..... 6

People v. Thomas, 34 N.Y. 3d 545 (N.Y. 2019) 2.0... cc ee nee 12

Rea v. United States, 350 U.S. 214 (1956)... 0. cette ences 10

Rosales-Mireles v. United States, U.S.__, 139 S.Ct. 1897 (2018). ............ 10, 11

Spann v. State, 704 N.W. 2d 486 (Minn. 2005)... 0.0.0... eens 12

State v. Ethington, 121 Ariz. 572,592 P.2d 768 (Ariz. 1979)... 0.0.0... cee ee 12

United States v. Bascomb, 451 F.3d 1292 (11" Cir. 2006). .............000 eee e eee 8

United States v. Bushert, 997 F.2d 1343 (11" Cir. 1993) 2.0.0... eee 12

United States v. Blick, 408 F.3d 162 (4™ Cir. 2005)... 0... 0c ccc eee ee eee 10

United States v. Caruthers, 458 F.3d 459 (6th Cir. 2006) ......... 0.00.02. eee eee 11

United States v. Gardner, 905 F.2d 1432 (5" Cir. 1990) .....0 0.0.0. cee eee eee 11

iv

United States v. Grinard-Henry, 399 F.3d 1294 (11" Cir. 2005)............0004 10, 12

United States v. Hasting, 461 U.S. 499 (1983). 0... ce eee teens 9

United States v. Howle, 166 F.3d 1166 (11" Cir. 1999) ..........0. 00.00 eee eee 8

In re Sealed Case, 702 F.3d 59 (D.C. Cir. 2012) 2... ccc nee 12

United States v. Lutchman, 910 F.3d 33 (2d Cir. 2018)... 0... cece ce eee 8

United States v. Medina-Carraso, 815 F.3d 457 (9" Cir. 2015)..............00 000. 6,8

United States v. Mezzanatto 513 U.S. 196 (1995) 2.0... ce wees 11

United States v. Mutschler, 152 F. Supp. 2d 1332 (W. D. Wash. 2016) .............. 6

United States v. Olano, 507 U.S. 725 (1993)... 0. eee tenes 10

United States v. Payner, 447 U.S. 727 (1980) 2.0... cee eee nee 9-10

United States v. Schulte, 436 F.3d 849 (8" Cir. 2006) ......... 0. ccc cee eee 12

United States v. Thornsbury, 670 F.3d 532 (4™ Cir. 2012) 2... 0... cece eee ee ee eee 6

Statutes and other authorities:

18 U.S.C. § 3742 2. ee nee ene nee n eee ene neees 2

28 U.S.C. § 12541) occ ce eter eet e nent b ene nns 2

28 US.C. § 1291. cc eee eben eben teen eee ee eee 2

Sentencing Guidelines, Ch. 1, Part A, Intro.3 2.0.0... eee ee eee 11

U.S.S.G. App. C, Amend. 775 2.0.0... cece cence een neees 8

Memorandum from James M. Cole, Deputy Attorney General, to All Federal

Prosecutors (Oct. 14,2014) 2.0.0... ce eee eee nee n eee 9

Brief of the United States in Opposition to Certiorari in Mearing v. United States,

2018 WL 6382980 (Dec. 4, 2018) 2.0... eect cece eee en ees 12

Brief of the United States in Opposition in Jean v. United States, No. 20-7958 (Aug.

25, 2021). ee nee ene n teen e ene e een nee

Amy Coney Barrett, The Supervisory Power of the Supreme Court, 106 Colum. L.

Rev. 324 (2006) ... 0... ec cee nen ene nent e ee ee ne nee

Kevin Bennardo, Post-Sentencing Appellate Waivers, 48 U. of Michigan Journal of

Law Reform 347 (2015) 2.0... ce eee ene e enn n eee nes

Aliza Hochman Bloom, Sentence Appeal Waivers Should Not Be Enforced in the

Event of Superseding Supreme Court Law: The Durham Rule as Applied to Appeal

Waivers, 18 Florida Coastal L. R. 113 (2016) .......0. 0.0.0.0... eee eee

Robert K. Calhoun, Waiver of the Right to Appeal, 23 Hastings Const. L. Q. 127

Le)

Vi

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 2020

No:

GEORGE FERRER SANCHEZ,

Petitioner

Vv.

UNITED STATES OF AMERICA,

Respondent.

On Petition for Writ of Certiorari to the

United States Court of Appeals

for the Eleventh Circuit

PETITION FOR WRIT OF CERTIORARI

George Ferrer Sanchez respectfully petitions the Supreme Court of the United States for a

writ of certiorari to review the judgment of the United States Court of Appeals for the Eleventh

Circuit, rendered and entered in case No. 20-10484 in that court on February 19, 2021, in United

States v. Sanchez. A-1. This judgment affirmed the judgment of the United States District Court

for the Southern District of Florida. A-6. On April 19, 2021, the Eleventh Circuit denied Sanchez’

petition for rehearing and rehearing en banc. A-5.

OPINION BELOW

A copy of the decision of the United States Court of Appeals for the Eleventh Circuit, United

States v. Sanchez, 847 Fed. Appx 825 (11" Cir. Feb. 19, 2021) (unpublished) is contained in the

Appendix. A-1. This decision affirmed the judgment and commitment of the district court. A-6.

A copy of the order of the Eleventh Circuit denying Sanchez’ petition for rehearing and rehearing

en banc is also contained in the Appendix. A-5.

STATEMENT OF JURISDICTION

Jurisdiction of this Court is invoked under 28 U.S.C. § 1254(1) and PART III of the RULES

OF THE SUPREME COURT OF THE UNITED STATES. The Court of Appeals’ decision was entered on

February 19, 2021, and its order denying rehearing and rehearing en banc was entered on April 19,

2021. This petition is timely filed pursuant to SUP. Cr. R. 13.1 and this Court’s March 19, 2020

Covid Order Regarding Filing Deadlines (rescinded, in part, July 19, 2021). The District Court had

jurisdiction because petitioner was charged with violating federal criminal laws. The Court of

Appeals had jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, which provide that

courts of appeals shall have jurisdiction for all final decisions of United States district courts.

CONSTITUTIONAL AND OTHER PROVISIONS INVOLVED

U.S. Const. Amend. V:

No person shall be deprived of life, liberty, or property, without due

process of law.

Sup. Ct. R. 10(a):

[When deciding whether to grant a petition for a writ of certiorari] the

Court considers [whether a decision by] a United States court of

appeals . . . call[s] for an exercise of this Court’s supervisory power.

STATEMENT OF THE CASE

1. Statement of Facts and Course of Proceedings.

The three-count Indictment charged a Hobbs Act conspiracy (Count 1), an alien smuggling

conspiracy (Count 2), and a money laundering conspiracy (Count 3). DE12. Ina plea agreement,

Sanchez agreed to plead guilty to the third count of the three-count Indictment (money laundering

conspiracy), and the government agreed to dismiss the remaining two counts. DE301:1.

Sanchez’s written plea agreement contained an appeal waiver, which provided:

[I]n exchange for the undertakings made by the United States in this

plea agreement, the defendant hereby waives all rights conferred by

[28 U.S.C. §] 1291 and [18 U.S.C. §] 3742 to appeal any sentence

imposed, including any restitution order, or to appeal the manner in

which the sentence was imposed, unless the sentence exceeds the

maximum permitted by statute or is the result of an upward departure

and/or an upward variance from the advisory guideline range that the

Court establishes at sentencing. ...

DE30:5-6. In addition, the plea agreement provided that if government appealed the defendant’s

sentence, the defendant would be released from his appeal waiver. DE30:5. Additionally, the plea

agreement provided that Sanchez waived any right to appeal the forfeiture, or any restitution order.

DE30:5.

At Sanchez’ plea colloquy, the district court determined that Sanchez was aware of his appeal

waiver (though the district court remarked, with regard to the appeal waiver: “you guys write that

in the plea agreement all the time, and the Eleventh Circuit hears appeals.” DE68:16-18 (quoted in

United States v. Sanchez, 847 Fed. Appx. 825, 828 (11" Cir. Feb. 19, 2021) (unpublished) (A-2)).

At sentencing, the district court overruled defense objections to its application of the Federal

Sentencing Guidelines, and imposed a sentence of 108 months. DE69:34. The district court

subsequently granted the government’s request for $5.4 million in forfeiture, and ordered forfeiture

of two Florida homes. DE58. The government later sought $1.2 million in restitution. Sanchez

moved to dismiss this restitution demand, arguing that it was not based on the offense of conviction,

and, in a paperless order entered after a hearing, the district court granted Sanchez’ motion to dismiss

the restitution demand. DE120.

On appeal, Sanchez challenged the district court’s sentencing and forfeiture rulings. In

response, the government moved to dismiss this appeal, based on Sanchez’ appeal waiver in his plea

agreement. Sanchez opposed dismissal of his appeal, arguing that the district court did not

adequately explain the appeal waiver at the plea colloquy, and, alternatively, that appeal waivers

should be unenforceable. The Eleventh Circuit granted the government’s motion to dismiss

Sanchez’ appeal. Sanchez, 2021 WL 650935 at * 4.

Sanchez filed a petition for rehearing and rehearing en banc, again arguing that the district

court did not adequately explain the appeal waiver, and, alternatively, again urging the Eleventh

Circuit to hold en banc that appeal waivers are unenforceable. The Eleventh Circuit denied Sanchez’

petition for rehearing and rehearing en banc. A-S.

REASONS FOR GRANTING THE WRIT

1. Appeal waivers should be unenforceable.

Sanchez acknowledges that waivers of appeals of sentencing errors in plea agreements have

long been held enforceable in all Circuits. But, when Rule 11 of the Federal Rules of Criminal

Procedure was amended to require district courts to ensure at the plea colloquy that a defendant

understood that he was waiving the right to appeal the sentence, the Advisory Committee pointedly

took “no position on the underlying validity of such waivers.” Advisory Committee Notes to 1999

Amendments to Rule 11. To date, this Court has not directly addressed this question. In Garza v.

Idaho, _US. _,, 139 S.Ct. 738, 745 (2019), this Court held that defense counsel was

constitutionally deficient in failing to file a notice of appeal even when the defendant had agreed to

an appeal waiver, but did not address whether such waivers are valid and enforceable — the parties

had not raised this issue. Sanchez submits that appeal waivers should be unenforceable.

A. Appeals waivers “are inherently unknowing and

unintelligent.”

Due Process requires a guilty plea to be “voluntary and knowing.” McCarthy v. United

States, 394 U.S. 459, 466 (1969). But, at the time a plea agreement is entered into, the future

occurrence of a sentencing error is unknowable. As a dissenting opinion forcefully argued, a

defendant entering into a plea agreement is therefore not capable of waiving an appeal of a future

sentencing error “knowingly and voluntarily”:

... [G]iving up the right to trial, to confront witnesses at trial, and to

preserve the privilege against self-incrimination are all known trial

rights that necessarily are forfeited by the very act of pleading guilty

instead of proceeding to trial. The defendant consequently knows

precisely what he or she is giving up in exchange for the benefits of

the guilty plea at the very moment the plea is entered—a trial and the

constitutional rights that accompany it.

Sentencing, however, does not occur contemporaneously with the

plea and waiver. It is a future event, and the mistakes from which one

might have reason to appeal have not yet occurred at the time a

defendant waives the right to appeal or collaterally attack the plea or

sentencing proceedings. A defendant cannot know what he or she has

given up by waiving the right to appeal until after the judge and

counsel have reviewed a yet-to-be-prepared presentence investigation

report, after the judge has considered other information not known to

the defendant at the time of the plea, and after the judge has actually

imposed sentence. By then it is too late, no matter how

disproportionate the sentence or how egregious the procedural or

substantive errors committed by the sentencing judge or the

defendant's own counsel. It is hard to see how a defendant at the plea

hearing can ever knowingly and intelligently—that is, with “a full

awareness of both the nature of the right [s] being abandoned and the

consequences of the decision to abandon it,” Moran v. Burbine, 475

U.S. 412, 422, 106 S.Ct. 1135, 89 L-Ed.2d 410 (1986) — waive the

right to appeal or collaterally attack a sentence that has not yet been

imposed. Such prospective waivers in anticipation of unknown future

events are inherently unknowing and unintelligent.

United States v. Medina-Carraso, 815 F.3d 457, 464 (9" Cir. 2015) (Friedman, J., dissenting)

(emphasis added).' Accord United States v. Mutschler, 152 F. Supp. 2d 1332, 1338-41 (W. D. Wash.

2016) (declining to accept a plea agreement that contained an appeal waiver because such waivers

are “inherently unknowing”); People v. Harrison, 386 Mich. 269, 275, 191 N.W. 2d 371, 374 (Mich.

1971) (invalidating appeal waivers as “constitutionally obnoxious’).

The Fourth Circuit concluded that appeal waivers “are valuable precisely because they cover

unforeseen circumstances and thus add certainty to the criminal proceeding.” United States v.

Thornsbury, 670 F.3d 532, 538 (4" Cir. 2012) (emphasis added). This view is mistaken. Parties to

'Footnote 3 of Judge Friedman’s dissent cites to numerous opinions and law review

commentaries, from 1992 to 2015, which, like his dissent, take the view that appeal waivers should

not be enforced. Medina-Carrasco, 815 F.3d at 463, n. 3 (Friedman, J., dissenting)

6

a plea agreement are able to have a “meeting of the minds” with respect foreseeable events, but they

are unable to know, and therefore unable to meaningfully agree on, “unforeseen circumstances,” such

as a district court’s future possible sentencing errors in calculating the term of incarceration, the

amount of restitution, or the amount of forfeiture. Robert K. Calhoun, Waiver of the Right to Appeal,

23 Hastings Const. L. Q. 127, 203 (1995) (prospective sentencing errors cannot be a valid basis for

knowing and voluntary waivers). This Court has implicitly recognized the incapacity of parties to

agree on a future possible error when it held, in Class v. United States, _ US. ,1388.Ct. 798, 805

(2018), that a defendant’s agreement to give up his right to appeal his conviction did not waive his

right to challenge the constitutionality of the statute underlying the conviction. Accord Aliza

Hochman Bloom, Sentence Appeal Waivers Should Not Be Enforced in the Event of Superseding

Supreme Court Law: The Durham Rule as Applied to Appeal Waivers, 18 Florida Coastal L. R. 1 13,

125 (2016) (when intervening Supreme Court decisions unexpectedly modify the applicable law, an

appeal waiver “cannot be described as ‘knowing’ or “voluntary.””).

As noted above, in Garza v. Idaho, this Court held that defense counsel was constitutionally

deficient in failing to file a notice of appeal, even though a defendant agreed to an appeal waiver.

139 S.Ct. at 745. Garza explained that, when filing a notice of appeal, defense counsel is not able

to competently determine whether any valid appellate issues exist, since appellate claims are “likely

to be ill defined or unknown at this stage.” Id.

Similarly, at the plea colloquy stage, because the defense is not a position to challenge the

punishment that will ultimately be imposed, the defense is not a position to forego a sentencing

appeal “knowingly and voluntarily.”

Like other circuits, the Eleventh Circuit has taken a transactional approach to the validity of

appeal waivers, viewing such waivers as “another chip the defendant can bring to the bargaining

table and trade for additional concessions from the government.” United States v. Bascomb, 451

F.3d 1292, 1294 (11" Cir. 2006) (citations omitted); United States v. Howle, 166 F.3d 1 166, 1169

(11 Cir. 1999) (“While it may appear unjust to allow criminal defendants to bargain away

meritorious appeals, such is the necessary consequence of a system in which the right to appeal may

be freely traded.”).

But this transactional approach to the validity of appeal waivers obscures much, if not all,

of the underlying reality. Because of the government’s “great advantage in bargaining power... [i]t

is illusory to suggest that a defendant has any real bargaining power in this context, any free and

deliberate choice.” Medina-Carrasco, 806 F.3d at 1211, n. 4 (Friedman, J., dissenting). In United

States v. Lutchman,, after finding that the government gave up nothing in return for a defendant’s

appeal waiver, the Second Circuit declined to enforce this appeal waiver, because it was

“unsupported by consideration.” 910 F.3d 33, 38 (2d Cir. 2018).

The government demonstrated its “great advantage in bargaining power” when it obtained

appeal waivers from defendants in exchange for concessions that later had to be ruled “off-thetable.” The government had used its plea bargaining power to withhold sentence reductions for

“acceptance of responsibility” unless a defendant agreed to waive his right to appeal — until the

Sentencing Commission issued a guideline to prohibit this practice. U.S.S.G. App. C, Amend. 775

(Nov. 1, 2013) (resolving Circuit conflict and providing that “acceptance of responsibility” sentence

reduction recommendations could not be exchanged for a defendant’s appeal waiver). Until the

Justice Department itself stepped in, prosecutors were extending appeal waivers to foreclose possible

future claims of ineffective assistance of counsel at sentencing. See Memorandum from James M.

Cole, Deputy Attorney General, to All Federal Prosecutors (Oct. 14, 2014) (instructing all federal

prosecutors to cease seeking waivers of ineffective assistance of counsel claims, and to cease

enforcing those waivers in previous plea agreements). Very recently, in a brief to this Court, the

government took the view that despite caselaw holding that an appeal waiver in a plea agreement

cannot waive the issue whether a defendant’s conduct fell within the statute of conviction, such a

waiver “would properly preclude review” of this issue. Brief of the United States in Opposition in

Jean v. United States, No. 20-7958 (Aug. 25, 2021).

The present case illustrates that a defendant does not “freely” trade an appeal waiver.

Sanchez’ plea agreement waived an appeal of “any restitution order.” DE30:5. Ten months later,

the government filed a motion, seeking $1.2 million in restitution. DE106. Sanchez opposed this

restitution demand. After a restitution hearing, the district court dismissed the government’s

demand. DE120. The government did not appeal this ruling, which suggests that its $1.2 million

restitution request had little merit. Yet, had the district court ordered Sanchez to pay $1.2 million

in restitution, Sanchez’ appeal waiver would have foreclosed him from seeking appellate review of

this order. This abandonment of the right to appeal cannot be viewed as having been “freely

traded”: Sanchez could not have “freely” waived an appeal of a future order to pay $1.2 million in

restitution when no demand for $1.2 million in restitution had been made.

B. Appeal waivers are a use of federal prosecutors’

bargaining power that undermines judicial

integrity.

This Court has supervisory powers “to preserve judicial integrity” in federal court

proceedings. United States v. Hasting, 461 U.S. 499, 505 (1983) (citing McNabb v. United States,

318 U.S. 332, 345 (1943)); United States v. Payner, 447 U.S. 727, 735 n. 8 (1980) (“we agree [with

the dissent that] the supervisory power serves the ‘twofold’ purpose of deterring illegality and

protecting judicial integrity.”) (quoting id. at 744 (Marshall, J., dissenting)). This supervisory power

includes the power to address, as here, abuse of process by federal law enforcement. Rea v. United

States, 350 U.S. 214, 216-17 (1956) (the propriety of a federal law enforcement agency’s conduct

presented a question “concerning our supervisory powers of federal law enforcement agencies”)

(citing McNabb, 318 U.S. 332); Amy Coney Barrett, The Supervisory Power of the Supreme Court,

106 Colum. L. Rev. 324, 330 (2006) (“In still other instances, courts use the term ‘supervisory

authority’ to refer to the power of a federal court to supervise law enforcement officials.’’).

Sanchez urges this Court to exercise its supervisory powers to hold that appeal waivers are

unenforceable in the federal courts. When federal prosecutors extract appeal waivers from

defendants, they use their bargaining power in a way that undermines the integrity of the federal

courts.

Two circuits hold that “[a]n appeal waiver includes the waiver of the right fo appeal difficult

or debatable issues or even blatant error.” United States v. Grinard-Henry, 399 F.3d 1294, 1296

(11" Cir. 2005) (emphasis added); accord United States v. Blick, 408 F.3d 162, 171 (4" Cir. 2005)

(citing Grinard-Henry). But evasion of difficult or debatable issues, or of blatant error, undermines

the legitimacy of the judicial Branch. Left uncorrected, “plain” errors —i.e., undebatable errors —are

errors that “seriously affect the fairness, integrity, or public reputation of judicial proceedings.”

United States v. Olano, 507 U.S. 725, 732 (1993).

In Rosales-Mireles v. United States, U.S.__,139S.Ct. 1897, 1908 (2018), this Court held

that a district court’s “plain error” miscalculation of the sentencing Guidelines range seriously affects

10

the fairness, integrity, or public reputation of judicial proceedings. Rosales-Mireles’ reasoning

supports Petitioner’s view here:

In broad strokes, the public legitimacy of our justice system relies on

procedures that are “neutral, accurate, consistent, trustworthy, and

fair,” and that “provide opportunities for error correction.” Bowers

& Robinson, Perceptions of Fairness and Justice: The Shared Aims

and Occasional Conflicts of Legitimacy and Moral Credibility, 47

Wake Forest L. Rev. 211, 215-16 (2012). . . . “[W]hat reasonable

citizen wouldn’t bear a rightly diminished view of the judicial process

and its integrity if courts refused to correct obvious errors of their

own devise that threaten to require individuals to linger longer in

federal prison than the law demands?” United States v. Sabillon-

Umana, 772 F.3d 1328, 1333-34 (10" Cir. 2014) (Gorsuch, J.).

Rosales-Mireles, 139 S.Ct. at 1908.

Appellate review is also essential to the systematic development of the law. See United

States v. Gardner, 905 F.2d 1432, 1436 (5™ Cir. 1990) (after the adoption of the sentencing

guidelines “appellate courts now have a more active role to play to insure adherence to the

guidelines’ policies of uniformity and proportionality in sentencing.”) (citing Sentencing Guidelines,

Ch. 1, Part A, Intro. 3). Appellate review thus fosters the “legitimation of the criminal justice system

in the eyes of the public.” Calhoun, Waiver of the Right to Appeal, 23 Hastings Const. L. Q. at 163,

213; see id. at 503. As this Court has noted, waivers should be unenforceable when they

“irreparably discredit the federal courts.” United States v. Mezzanatto 513 U.S. 196, 204 (1995)

(citation and bracketed material omitted). Appeal waivers are this type of waiver.

No doubt mindful that appeal waivers, taken to their logical extreme, would undermine the

legitimacy of the criminal justice system, appellate courts created exceptions to appeal waivers,

based on “notions of due process,” or to avoid a “miscarriage of justice.” United States v. Caruthers,

458 F.3d 459, 471-72 (6th Cir. 2006) (collecting cases), abrogated on other grounds by Cradler v.

11

United States, 891 F.3d 659, 671 (6 Cir. 2018). The Eleventh Circuit, for example, does not

enforce an appeal waiver if the sentence imposed exceeded the statutory maximum, reasoning that

“there are certain fundamental and immutable legal landmarks within which the district court must

operate regardless of the existence of sentence appeal waivers.” United States v. Bushert, 997 F.2d

1343, 1350 n. 18 (11" Cir. 1993).

But these court-created exceptions to appeal waivers do not preserve appeals of erroneous

orders of restitution, which appeal waivers make per se unreviewable in many circuits. See In re

Sealed Case, 702 F.3d 59, 64-65 (D.C. Cir. 2012) (collecting cases). Nor, the government claims,

would these court-created exceptions apply to orders of forfeiture, since forfeiture is “not subject to

any prescribed statutory maximum.” Brief of the United States in Opposition to Certiorari in

Mearing v. United States, 2018 WL 6382980, * 20 (Dec. 4, 2018) (citing United States v. Schulte,

436 F.3d 849, 851 (8" Cir. 2006)).

More fundamentally, abnegation of “difficult or debatable issues or even blatant error,”

Grinard-Henry, 399 F.3d at 1296, discredits the Judicial Branch. Cf. State v. Ethington, 121 Ariz.

572, 573-74, 592 P.2d 768, 769 (Ariz. 1979) (“We hold that the right to appeal is not negotiable in

plea bargaining, and that as a matter of public policy a defendant will be permitted to bring a timely

appeal from a conviction notwithstanding an agreement not to appeal.”); Spann v. State, 704 N.W.

2d 486, 494 (Minn. 2005) (“We therefore conclude that allowing a defendant to waive his right of

appeal after trial conviction and sentencing is inconsistent with the court’s role as an objective

supervisor whose purpose includes maintaining the integrity of the judicial system.”).

Appeal waivers are said to conserve appellate resources, and to foster the “finality of criminal

judgments.” Garza v. Idaho, 139 S.Ct. at 755-56 (Thomas, J., dissenting). But this is questionable.

12

Appeal waivers result in a significant amount of litigation. See People v. Thomas, 34 N.Y. 3d 545,

598-99 (N.Y. 2019) (Wilson, J., dissenting) (noting that appeal waivers “produced — not avoided

— vast amounts of additional effort in trial courts and litigation in appellate courts as they struggle

to establish and determine, respectively, the validity of such waivers,” and stating that these waivers

should be unenforceable).

In this case, the district court noted that, in its experience, even in cases where appeal waivers

are addressed at the plea colloquy, “somehow they still get appealed.” (cited at A-2, Sanchez, 2021

WL 650935 at * 2). The district court added: “What I think counsel is saying, [counsel for the

government], is you guys write that in the plea agreement all the time, and the Eleventh Circuit hears

appeals.” Jd. On appeal, the Eleventh Circuit found that these comments by the district court had

no effect on Sanchez’ understanding of his appeal waiver, and therefore rejected Sanchez’ argument

that these comments impaired his correct understanding of the appeal waiver. A- 4. This Petition

does not challenge this aspect of the Court of Appeals’ ruling. Nonetheless, the district court’s

impression that the Eleventh Circuit still “somehow . . hears appeals” despite an appeal waiver in

a plea agreement confirms that appeal waivers do not predictably contribute to the finality of

criminal judgments. See People v. Batista, 167 A.D. 3d 69, 86 N.Y.S. 3d 492, 499, 502 (N.Y. App.

Div. 2d 2018) (Sheinkman, J., concurring) (finding that appeal waiver colloquy “serve[] only as a

pathway to future litigation,” and noting that, over the past five years, in at least 380 published cases

state-wide the Appellate Division “has held an appeal waiver to be invalid”); Kevin Bennardo, Post-

Sentencing Appellate Waivers, 48 U. of Michigan Journal of Law Reform 347, 383 (2015) (noting

that “enforcement of a valid appellate waiver often consumes a considerable amount of appellate

resources,” and proposing that, to save resources, these waivers only be permitted after sentencing);

13

see also People v. Bisono, _N.Y.3d __, 2020 NY Slip Op. 7484, p. 4 and Appendix (N.Y. 2020)

(Garcia, J., concurring and dissenting in part) (noting that New York State appellate courts

invalidated 90 appeal waivers in the past year).

2. Sanchez’ appeal was challenging significant sentencing errors.

The prejudice of a rule that enforces a defendant’s waiver of appellate review of possible

future sentencing errors becomes most concrete when a defendant, on appeal, raises meritorious

challenges to his sentence. In the Initial Brief he filed in the Eleventh Circuit, Sanchez identified

several significant sentencing errors.

First, Sanchez challenged an 18-level Guidelines sentence enhancement for his moneylaundering conviction. This enhancement was based on a finding that the “loss amount” was $5.4

million. DE69:34. The record indicates that $5.4 million was the amount an alien had agreed to pay

for being smuggled into the United States. But there is no evidence that this $5.4 million was ever

laundered. Based on the record, Sanchez should only have been subject to a 14-level enhancement,

on account of $702,700 in funds he received and laundered.

Second, over defense objection, Sanchez received a 2-level enhancement for “sophisticated

laundering.” DE69:17. The Sentencing Guideline criteria for “sophisticated laundering” include

setting up fictitious entities, shell corporations, offshore financial accounts, or “layering”

transactions. But the district court relied on the existence of 15 checks. DE69:18. As defense

counsel objected at sentencing, these checks made the money easily traceably -- the fifteen checks

were direct evidence of money laundering. DE69:18. The record contains no evidence of

“sophisticated laundering.”

14

Third, over defense objection, Sanchez received a 4-level enhancement for being “an

organizer or leader.” DE69:20. But the facts that the district court cited in support of this finding

were related to his alien smuggling, not to money laundering. DE69:20. Yet money laundering, not

alien smuggling, was the offense of conviction.

Finally, Sanchez was ordered to forfeit substitute property in the amount of $5.4 million,

based on a finding that Sanchez used “a portion of the $5.4 million in [alien] smuggling funds” to

acquire two homes. DES8.2 (emphasis added). Again, the offense of conviction in this case was not

alien smuggling, but money laundering. The evidence did not identify a nexus between money

laundering and the two homes the district court ordered forfeited.

But, by dismissing Sanchez’ appeal, the Eleventh Circuit left all these significant issues

unaddressed.

CONCLUSION

George Ferrer Sanchez respectfully requests that this Court grant a writ of certiorari to the

Court of Appeals for the Eleventh Circuit.

Respectfully submitted,

By: V >

Timothy Cone

Counsel for Petitioner

Washington, D.C.

September, 2021

15

APPENDIX

Decision of the Court of Appeals for the Eleventh Circuit, United States v. Fabian Perpall, 847

Fed. Appx. 825 (11" Cir. May 18, 2021)... 0... ccc eee eee eeen nes A-1

Order of the Court of Appeals for the Eleventh Circuit denying petition for rehearing and

rehearing en bane . 1... eee etn t eee eee n eee ene ene nes A-5

Judgment imposing sentence .... 0... 0... ccc cece cee cece cence eee nes A-6

16

United States v. Sanchez, --- Fed. Appx. ---- (2021)

2021 WL 650935

Only the Westlaw citation is currently available.

This case was not selected for

publication in West's Federal Reporter.

See Fed. Rule of Appellate Procedure 32.1

generally governing citation of judicial

decisions issued on or after Jan. 1, 2007.

See also U.S. Ct. of App. 11th Cir. Rule 36-2.

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of

America, Plaintiff-Appellee,

V.

George SANCHEZ, Defendant-Appellant.

No. 20-10484

|

Non-Argument Calendar

|

FILED February 19, 2021

Appeal from the United States District Court for the Southern

District of Florida, D.C. Docket No. 1:19-cr-20085-MGC-1,

Attorneys and Law Firms

Emily Rose Stone, Emily M. Smachetti, U.S. Attorney's

Office, Miami, FL, Miami, FL, Andrea G. Hoffman, U.S.

Attorney Service - Southern District of Florida, U.S. Attorney

Service - SFL, Miami, FL, for Plaintiff-Appellee

Timothy Cone, Timothy Cone, Esq., Washington, DC, for

Defendant-Appellant

George Ferrer Sanchez, Pro Se

Before NEWSOM, BRANCH, and GRANT, Circuit Judges.

Opinion

PER CURIAM:

*1 George Sanchez pleaded guilty, pursuant to a written

plea agreement, to one count of conspiracy to commit money

laundering, in violation of 18 U.S.C. § 1956(a)(1)(B), (h).

He was sentenced to 108 months’ imprisonment and was

required to forfeit all property involved in, or traceable

to, the conspiracy, including certain real properties. He

now seeks to appeal his sentence and the forfeiture order.

The government moved to dismiss the appeal pursuant to

the sentence-appeal waiver in the plea agreement. Sanchez

opposes the motion, arguing that the waiver is not enforceable

because the district court failed to address the terms of

the waiver specifically before accepting Sanchez's plea and

“downplayed the significance” of the waiver.! After review,

we conclude that the appeal waiver is valid. Therefore, we

grant the government's motion and dismiss this appeal.

We enforce appeal waivers that are made knowingly and

voluntarily. See United States v. Bascomb, 451 F.3d 1292,

1294 (11th Cir. 2006); United States v. Bushert, 997 F.2d

1343, 1350-51 (11th Cir. 1993). To demonstrate that a waiver

was made knowingly and voluntarily, the government must

show that either (1) the district court specifically questioned

the defendant about the waiver during the plea colloquy;

or (2) the record makes clear that the defendant otherwise

understood the full significance of the waiver. Bushert, 997

F.2d at 1351.

Sanchez's written plea agreement contained the following

appeal waiver:

[1]n exchange for the undertakings made by the United

States in this plea agreement, the defendant hereby waives

all rights conferred by [28 U.S.C. §] 1291 and [18 U.S.C.

§] 3742 to appeal any sentence imposed, including any

restitution order, or to appeal the manner in which the

sentence was imposed, unless the sentence exceeds the

maximum permitted by statute or is the result of an upward

departure and/or an upward variance from the advisory

guideline range that the Court establishes at sentencing...

[I]f the United States appeals the defendant's sentence ...,

the defendant shall be released from the above waiver of

his right to appeal his sentence...

By signing this agreement, the defendant acknowledges

that the defendant has discussed the appeal waiver set forth

in this agreement with the defendant's attorney.

Additionally, the plea agreement provided that Sanchez

“waive[d] any right to appeal the forfeiture.” Sanchez and his

counsel signed the agreement.

During the plea colloquy, in relation to the sentence-appeal

waiver, the district court explained that

*2 under certain circumstances you may be able to appeal

your sentence and [in] other circumstances the United

States may be able to appeal the sentence.

WESTLAW © 2021 Thomson Reuters. No claim to original U.S. Government Works. :

United States v. Sanchez, --- Fed.Appx. ---- (2021)

So as an example, if I were to sentence you to higher than

the advisory guideline range, you may be able to appeal

the sentence. If I sentence you to lower than the advisory

guideline range, the United States may be able to appeal

the sentence. Do you understand that?

Sanchez confirmed that he understood. The district court

then asked the government to explain the terms of the plea

agreement for the record. The government reviewed various

terms of the plea agreement, including that the agreement

contained “an appellate waiver which memorializes the

conditions under which the defendant can appeal his sentence,

and that the defendant has waived his right to appeal his

sentence under most circumstances.” The court then asked

Sanchez whether the terms the government reviewed were

“[his] understanding of the plea agreement in this case,” and

Sanchez responded “Yes, your Honor.” After explaining the

other rights Sanchez would be giving up by pleading guilty,

confirming that he was pleading guilty of his own free will,

and establishing a factual basis for the plea, the district court

accepted Sanchez's plea, finding that it was knowing and

voluntary.

The government then asked the court “if we could stop,”

because it “want[ed] to confirm that the defendant understood

that there was an appellate waiver contained within [the

agreement].” The following colloquy then occurred:

The Court: I will say it, but somehow they still get

appealed.

Sir, do you understand that by pleading guilty in this case

you are giving up your right to appeal except as required

by law?

[Defense Counsel]: Your Honor, I think you did ask the

question. Mr. Sanchez understands that he can appeal under

limited circumstances, that if the court goes above the

statutory maximum or goes above the applicable guideline

range at the time of sentencing.

[The Government]: I don't—one second, your Honor. I

don't believe—

The Court: What I think counsel is saying, [counsel for the

government], is you guys write that in the plea agreement

all the time, and the Eleventh Circuit hears appeals.

[Defense Counsel]: Judge, even with a waiver we are

considered ineffective if we don't file it when the client

requests it. [Government]: I understand, you Honor. I think

that my office is trying to do a better job of making

clearer on the record that there is, in fact, an appellate

waiver contained within these plea agreements and that

the defendant understands that he is foregoing his right to

appeal under most circumstances.

The Court: I understand. Sir, do you understand that under

most circumstances you are giving up your right to appeal

the sentence in this case?

The Defendant: I am sorry, could you please repeat?

The Court, Sir, do you understand that as counsel said in

exchange for your plea of guilty in this case, you are giving

up your right to appeal the sentence in this matter?

The Defendant: Yes, Your Honor.

Sanchez argues that the appeal waiver is invalid because

the district court failed to address the terms of the

waiver specifically before accepting Sanchez's plea—

instead addressing the waiver after accepting the pleaA—and

“downplayed” the significance of the waiver. We disagree.

*3 Here, when considered as a whole, the record

demonstrates that Sanchez understood the full significance

of the waiver. First, the terms of the appeal waiver were

clearly set forth in the plea agreement, and the plea

agreement provided that by signing the agreement, Sanchez

“acknowledge[d] that [he] ha[d] discussed the appeal waiver

set forth in this agreement with [his] attorney.”

Second, any confusion caused at the change-of-plea hearing

by the district court's explanation that “under certain

circumstances” Sanchez might be able to appeal,” was

immediately eliminated by the government's subsequent

explanation that the plea agreement contained “an appellate

waiver which memorializes the conditions under which the

defendant can appeal his sentence, and that the defendant

has waived his right to appeal his sentence under most

circumstances.” Furthermore, Sanchez confirmed that the

government's explanation was also his understanding of the

terms of the plea agreement. Moreover, unlike in Bushert,

Sanchez's counsel confirmed that Sanchez understood “that

he can appeal under limited circumstances, that if the

court goes above the statutory maximum or goes above the

applicable guideline range at the time of sentencing.”* And,

prior to the end of the change-of-plea hearing, the district

court expressly inquired as to whether Sanchez understood

that “in exchange for your plea of guilty in this case, you are

WESTLAW © 2021 Thomson Reuters. No claim to original U.S. Government Works. 2

United States v. Sanchez, --- Fed.Appx. ---- (2021)

giving up your right to appeal the sentence in this matter,” and

Sanchez confirmed he understood.”

*4 Sanchez also argues that the appeal waiver is invalid

because the district court “downplayed” the significance

of the waiver based on its discussion in front of Sanchez

that, despite the existence of appeal waivers in many plea

agreements, the Eleventh Circuit hears appeals in many cases.

But an appeal waiver “cannot be vitiated or altered” by a

district court's comments made during court proceedings.

See Bascomb, 451 F.3d at 1297 (11th Cir. 2006); see also

United States v. Howle, 166 F.3d 1166, 1168 (11th Cir.

1999) (holding that the district court's encouragement of the

defendant to appeal was dicta and “had no effect on the

terms ofa previously approved plea agreement”). Further, any

alleged confusion generated by the district court's comments

was cured by the subsequent explanation to Sanchez that

by pleading guilty, he was waiving his right to appeal his

sentence, which Sanchez unequivocally confirmed that he

understood.

In sum, at no point during the change-of-plea hearing did

Sanchez or his counsel express any objection, hesitation, or

misunderstanding concerning the scope of the appeal waiver.

Rather, the opposite occurred—Sanchez's counsel confirmed

that Sanchez understood the terms of the appeal waiver, and

Sanchez himself twice stated that he understood that the

appeal waiver was part of his plea agreement. Thus, the

record as a whole demonstrates that Sanchez understood the

Footnotes

full significance of the appeal waiver and it was knowing

and voluntary. Therefore, the appeal waiver is valid and

enforceable. Bushert, 997 F.2d at 1351.

Moreover, none of the exceptions to Sanchez's sentenceappeal waiver apply here. Sanchez's 108-month sentence does

not exceed the statutory maximum of 20 years’ imprisonment

and is at the bottom of the applicable advisory guideline range

of 108 to 135 months’ imprisonment. See 18 U.S.C. § 1956(a)

(1)(B) (providing that the statutory maximum for conspiracy

to commit money laundering is 20 years’ imprisonment).

With regard to his challenge to the forfeiture order, it is well

established that criminal forfeiture is part of a defendant's

sentence. See Libretti v. United States, 516 U.S. 29, 39, 116

S.Ct. 356, 133 L.Ed.2d 271 (1995); United States v, Gilbert,

244 F.3d 888, 924 (11th Cir. 2001) (“It is beyond doubt

that criminal forfeiture is part of a defendant's sentence”).

The forfeiture order is therefore covered by Sanchez's appeal

waiver.

Accordingly, because Sanchez's challenges to his sentence do

not fall within an exception to his appeal waiver, we GRANT

the government's motion to dismiss.

APPEAL DISMISSED.

All Citations

--- Fed.Appx. ----, 2021 WL 650935

1 Sanchez also argues for purposes of preserving the issue for en banc review by this Court or review by the Supreme Court

that appeal waivers are invalid as a matter of law and should be unenforceable. Because this argument is foreclosed by

binding precedent and made for preservation purposes only, we do not address it further. See United States v. Bushert,

997 F.2d 1343, 1350 (11th Cir. 1993) (holding that sentence-appeal waivers are enforceable provided they are knowingly

and voluntarily made).

We acknowledge that an examination of the terms of the plea agreement alone is insufficient to demonstrate that the

waiver was knowing and voluntary. Bushert, 997 F.2d at 1352. However, the terms of the agreement may be considered

as part of determining whether in light of the record as a whole it is clear that the defendant understood the full significance

The district court's statement that “under certain circumstances [Sanchez] may be able to appeal [his] sentence,” was

the type of language that we deemed “confusing” in Bushert and rendered Bushert's appeal waiver invalid because it “did

not clearly convey to Bushert that he was giving up his right to appeal under most circumstances.” 997 F.2d at 1352—

2

of the waiver.

3

53 (emphasis in original).

4

In a footnote in his response in opposition to the motion to dismiss, Sanchez takes issue with counsel's statement that

Sanchez could appeal if the district court sentenced him “above the applicable guideline range.” He maintains that the

use of the term “applicable” as opposed to “advisory” guideline range erroneously implied that Sanchez could challenge

whether a particular Guideline was “applicable” (i.e., the calculation of the guidelines range). To the extent that he also

argues that this statement rendered the appeal waiver invalid, we rejected a similar argument in United States v. Boyd,

WESTLAW © 2021 Thornson Reuters. No claim to original U.S. Government Works. 3

United States v. Sanchez, --- Fed.Appx. ---~ (2021)

975 F.3d 1185 (11th Cir. 2020) (denying argument that, because the plea agreement did not specify who would calculate

the guideline range, the plea agreement was ambiguous and should not bar defendant's challenges to the calculation

of the range itself).

5 In response to the motion to dismiss, Sanchez makes much of the fact that this latter colloquy occurred after the district

court accepted his plea and is inconsistent with Federal Rule of Criminal Procedure 11(b)(1)(N), which provides that

“[b]efore the court accepts a plea of guilty ... the court must inform the defendant of, and determine that the defendant

understands ... the terms of any plea-agreement provision waiving the right to appeal or to collaterally attack the

sentence.” However, Rule 11 also provides that “[a] variance of this rule is harmless error if it does not affect substantial

rights.” Fed. R. Crim. P. 11(h). Here, while the district court varied from Rule 11(b)(1)(N) by squarely addressing the

appeal waiver after accepting the plea (instead of doing so before accepting the plea) the variance was harmless and did

not affect Sanchez's substantial rights as the record demonstrates that Sanchez clearly understood the full significance

of the appeal waiver. See id.; see also United States v. Hernandez-Fraire, 208 F.3d 945, 950 (11th Cir. 2000) (explaining,

in the context of a challenge to the validity of a guilty plea itself, that “[g]enerally this circuit will uphold a plea colloquy that

technically violates Rule 11, but adequately addresses the three core concerns’—(1) that the plea is free from coercion;

(2) the defendant understands the nature of the charges; and (3) defendant knows and understands the consequences

of his plea).

End of Document © 2021 Thomson Reuters. No claim to original U.S.

Government Works.

WESTLAW © 2021 Thomson Reuters. No claim to original U.S. Government Works. 4

USCA11 Case: 20-10484 Date Filed: 04/19/2021 Page: 1 of 1

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

No. 20-10484-BB

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GEORGE FERRER SANCHEZ,

Defendant - Appellant.

Appeal from the United States District Court

for the Southern District of Florida

ON PETITION(S) FOR REHEARING AND PETITION(S) FOR REHEARING EN BANC

BEFORE: NEWSOM, BRANCH, and GRANT, Circuit Judges.

PER CURIAM:

The Petition for Rehearing En Banc is DENIED, no judge in regular active service on the Court

having requested that the Court be polled on rehearing en banc. (FRAP 35) The Petition for

Panel Rehearing is also denied. (FRAP 40)

ORD-46

Case 1:19-cr-20085-MGC Document 56 Entered on FLSD Docket 01/24/2020 Page 1 of 6

USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case

Page 1 of 6

UNITED STATES DISTRICT COURT

Southern District of Florida

Miami Division

UNITED STATES OF AMERICA

v.

GEORGE FERRER SANCHEZ

JUDGMENT IN A CRIMINAL CASE

Case Number: 19-20085-CR-COOKE

USM Number: 17958-104

Counsel For Defendant: Philip Horowitz, Esq.

Counsel For The United States: Ignacio Vazquez, AUSA

Court Reporter: Jill Wells

The defendant pleaded guilty to count 3 of the Indictment.

The defendant is adjudicated guilty of these offenses:

TITLE & SECTION

NATURE OF OFFENSE

OFFENSE

ENDED COUNT

18, U.S.C. 1956(h)

Conspiracy to commit money laundering.

12/2018 3

The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant

to the Sentencing Reform Act of 1984.

All remaining counts are dismissed on the motion of the government.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change

of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this

judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney

of material changes in economic circumstances.

Date of Imposition of Sentence:

1/22/2020

Mero $ Corb,

MARCIA G. COOKE

United States District Judge

January 22, 2020

Case 1:19-cr-20085-MGC Document 56 Entered on FLSD Docket 01/24/2020 Page 2 of 6

USDC FLSD 245B (Rev. 09/08) - Judgment in a Criminal Case Page 2 of 6

DEFENDANT: GEORGE FERRER SANCHEZ

CASE NUMBER: 19-20085-CR-COOKE

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a

total term of 108 months.

The court makes the following recommendations to the Bureau of Prisons: Designation to a facility in the

Southern District of Florida.

The defendant is remanded to the custody of the United States Marshal.

RETURN

I have executed this judgment as follows:

Defendant delivered on to

at , with a certified copy of this judgment.

UNITED STATES MARSHAL

DEPUTY UNITED STATES MARSHAL

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[Read from a scan; the first 30 pages.]

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