Nunez v. United States

EASTERBROOK, Chief Judge.

Charged with multiple cocaine offenses, Armando Nunez negotiated a plea bargain: the prosecutor dismissed all counts but one and recommended a sentence at the lowest point in the Guideline range. As part of the deal, Nunez agreed not to appeal or file a collateral attack unless the sentence exceeded the statutory maximum or the waiver clause itself should be deemed invalid. The sentence of 160 months’ imprisonment followed the prosecutor’s recommendation and is well under the statutory maximum. See 21 U.S.C. § 841(b). Nunez has never argued that the waiver is invalid.…