United States v. Lee
United States v. Lee
Opinion of the Court
ORDER
David Lee robbed several Indiana banks from 2008 to 2010. In each robbery he handed a bank teller a note demanding money and stating that he was armed with a gun. He pleaded guilty to five counts of
Lee has told his counsel that he does not want to have his guilty pleas vacated. Counsel therefore properly refrains from discussing the adequacy of the plea colloquy or the voluntariness of the pleas. See United States v. Knox, 287 F.3d 667, 671-72 (7th Cir. 2002).
Counsel does consider whether Lee could challenge his sentence, but concludes that doing so would be frivolous in light of the broad appeal waiver included in his plea agreement. Lee expressly waived his right to challenge a within-guidelines sentence in that agreement. An appeal waiver stands or falls with the guilty plea, United States v. Quintero, 618 F.3d 746, 752 (7th Cir. 2010), and therefore any challenge to Lee’s sentence would be frivolous.
We GRANT counsel’s motion to withdraw and DISMISS the appeal.
Reference
- Full Case Name
- United States v. David Leroy LEE
- Status
- Published