A defendant’s waiver of the right to appeal his sentence holds even though the trial judge fails to resolve errors and disputes in a presentence report, the U.S. Court of Appeals for the Second Circuit has ruled.
Deciding an issue of first impression, the circuit upheld the gang racketeering sentence of Manuel Vigil, enforcing a waiver of the right to appeal despite the fact that the prosecution agreed the presentence report contained errors on his conduct that increased his sentencing range under the guidelines.
