Appeal Waiver Means Just What It Says

US v. McGrath: McGrath pleaded guilty to enticement of a minor – which carries a statutory maximum of life – and possession of child pornography – which carries a statutory maximum of ten years. This was pursuant to a plea agreement in which McGrath waived his right to appeal “whatever sentence is imposed . . . for any reason” so long as the sentence did not exceed “any sentence within the advisory guidelines range resulting from an offense level of 43” – in other words, any sentence greater than life in prison. McGrath was ultimately sentenced to 264 months on the enticement charge and a concurrent 120-month term on the child pornography charge.

On appeal. McGrath challenged his sentence as procedurally unreasonable because the district court did not adequately explain the sentence imposed and made several religious references at sentencing when comparing McGrath’s conduct to murder. The Government invoked the appeal waiver and moved to dismiss the appeal. The Fourth Circuit granted the motion, noting that McGrath did not challenge the validity of the waiver itself and that the issues raised “fall squarely within the waiver’s scope.”