United States v. Kruger, Adam

U.S. Court of Appeals for the Seventh Circuit
United States v. Kruger, Adam, 139 F. App'x 740 (7th Cir. 2005)

United States v. Kruger, Adam

Opinion

ORDER

Adam Kruger defrauded investors of more than $1 million by portraying himself as an online stock trader with an impressive track record. He pleaded guilty to an information charging him with two counts of wire fraud under 18 U.S.C. § 1343. In his written plea agreement, Kruger waived “any and all appellate rights” conferred by “any ... source whatsoever,” except that he reserved the right to appeal any upward departure from the sentencing guide *741 lines. The district court sentenced him within the guideline range to a total of 97 months’ imprisonment, five years’ supervised release, and $1,185,250 in restitution.

Kruger now asserts that he is entitled to a limited remand under United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), because the district court sentenced him believing that the sentencing guidelines were mandatory. We cannot reach this issue, however, because it is not within the scope of the exception to the waiver of his right to appeal. Appeal waivers are enforced as written, “even if the law changes in favor of the defendant after sentencing”; as we held after Kruger filed his brief, nothing in Booker justifies deviation from this rule. See United States v. Bownes, 405 F.3d 634, 636-37 (7th Cir. 2005). Kruger cites our opinion in United States v. Loutos, 383 F.3d 615 (7th Cir. 2004), in support of his claim, but that case did not discuss the effect of the appeal waiver on a Booker challenge.

DISMISSED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Adam KRUGER, Defendant-Appellant
Status
Unpublished