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7th Circuit dismisses appeal due to waiver

February 22, 2016

The 7th Circuit Court of Appeals dismissed a man’s  appeal of his 21-month sentence and three years of supervised release because he waived his right to appeal in district court. Circuit Judge David Hamilton said the court didn’t see any reason to overlook the waiver.

Lon Campbell used someone else’s Social Security number fraudulently, opening up three lines of credit and purchasing a car. The FBI indicted him and his co-conspirators for wire, loan and Social Security fraud. Campbell reached a plea agreement and pleaded guilty to one count of using a false Social Security number with intent to deceive.

As part of the agreement, he also waived his right to appeal but appealed anyway. Campbell said his sentence was unconstitutionally vague, and he wanted his conditions vacated and a remand for resentencing.

Campbell relied on an exception in United States v Adkins, in which the district court ruled the sentence in that case violated the defendant’s First Amendment rights. Hamilton said in that case the defendant could not reasonably know what kind of activity is prohibited, but in Campbell’s case, he had the chance to clarify.

His conditions of supervised release were given to him months in advance, and he filed no objections. Also, during the trial when the court explained its rationale, Campbell did not object. Therefore, the court dismissed the appeal.

The case is United States of America v. Lon Campbell, 15-1188.
 

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