United States v. Woltmann

DENNIS JACOBS, Chief Judge:

Defendant-appellant Gary Woltmann pled guilty in the United States District Court for the Eastern District of New York (Platt, J.) to one count of tax fraud. Woltmann filed a notice of appeal challenging the sentence, and the government countered with a motion to dismiss, citing Woltmann’s waiver of appeal in the plea agreement (“the Agreement”). We conclude that the waiver is unenforceable, and we vacate and remand to a different district judge for re-sentencing.

I

Pursuant to the Agreement, Woltmann pled guilty in September 2007. After signing the Agreement but…