United States v. Garvin

In United States v. Garvin, No. 23-10584 (5th Cir. Apr. 19, 2024) (unpublished), the Fifth Circuit rejected the defendant’s argument but also “WARNED [his counsel] that sanctions may be imposed for the filing of frivolous appeals.”

On appeal, Garvin argued that his guilty plea should be vacated because the judge taking his guilty plea failed to “recite the terms of his appeal waiver or to read the full waiver provision from his plea agreement.” But the Fifth Circuit “perceive[d] no error.” The judge had made sure that Garvin read and understood the plea agreement and appeal waiver, that he knew he was waiving his right to appeal, and that he had no questions about his waiver.

After rejecting Garvin’s argument, the Fifth Circuit ended its opinion with a warning to appointed counsel. In the court’s words, counsel’s “continued assertion, largely verbatim, of the same unavailing challenge to plea colloquies that are essentially indistinguishable now borders on frivolous.”