United States v Amado

Amado appealed the denial of his two motions for sentence reduction. The panel affirmed as to the first motion and remanded the second motion with instructions to dismiss. As to the first motion, it held that Amado waived his right to move for a lower sentence in his plea agreement, the waiver was knowing and voluntary even if Amado could not predict what changes to guideline sentences would happen in the future and to hold otherwise would render the waiver meaningless. As to the second motion, the panel held the district court properly characterized it a motion to reconsider the first motion as it alleged the new fact of no government objection, but, improperly denied it under Rule of Criminal Procedure 37 as the motion was filed after the appeal window and thus should have been dismissed for lack of jurisdiction.