Legal Opinion
United States v. Michael Francis DiFalco
Court of Appeals for the Eleventh Circuit
Decided September 20, 2016No. 15-14763PublishedCited by 37 opinions
1Opinion of the Court
MARCUS, Circuit Judge:
Michael DiFalco appeals his 240-month sentence imposed after pleading guilty to one count of conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine. He claims that his sentence was imposed in error because the government did not file a proper information under 21 U.S.C, § 851 to support his enhanced sentence. But DiFalco signed a plea agreement waiving his right to appeal his sentence. Because we hold that a defendant may waive § 851’s requirements, and the record before us establishes that DiFalco knowingly waived his right to…
2Cases cited56 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Johnson v. United StatesSupreme Court of the United States · 1997
- United States v. CottonSupreme Court of the United States · 2002
- Kontrick v. RyanSupreme Court of the United States · 2004
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3Cited by37 opinions
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- United States v. Keenan Aubrey DavisCourt of Appeals for the Eleventh Circuit · 2016
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