United States v. Vanderwerff

HOLMES, Circuit Judge.

Defendant-Appellant Timothy Vander-werff appeals from his conviction and sentence for receipt of child pornography, arguing that the district court erred in rejecting his initial (first) plea agreement with the government because it contained an appellate waiver. The government agrees with Mr. Vanderwerff, as does an appointed amicus counsel, and all parties urge reversal and remand for re-sentencing. Having thoroughly considered the matter, we also agree that such relief is appropriate. Specifically, we conclude that the district court’s rejection of Mr. Vanderwerffs…