United States v. Lopez-Aguilar

Defendant pled guilty based on a plea agreement he struck with the government. The agreement included a waiver of the right to collaterally challenge the conviction. Despite the waiver, defendant collaterally challenged the conviction under 28 U.S.C. 2255. The district court dismissed the challenge without ruling on the waiver, holding instead that the defendant’s underlying claim failed on the merits. On appeal, defendant didn't question the enforceability or applicability of the waiver. Instead, he contended the government forfeited the waiver by failing to invoke it in district court. The government defended the district court's ruling, adding that the Tenth Circuit should also affirm based on the defendant’s waiver of a collateral challenge. The Tenth Circuit rejected defendant's contention because the government never had an opportunity to assert the waiver in district court. As a result, the Court affirmed dismissal based on the waiver. View "United States v. Lopez-Aguilar" on Justia Law