United States of America v. Kendra Mayo

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 01-3848
UNITED STATES OF AMERICA
v.
KENDRA MAYO,
Appellant
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
(D.C. Crim. No. 00-cr-00341-02)
District Judge: Honorable William H. Walls
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Submitted Under Third Circuit L.A.R. 34.1(a)
June 5, 2002
Before: SCIRICA, BARRY, and WEIS, Circuit Judges.
(Filed June 10, 2002)
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OPINION
WEIS, Circuit Judge.
Defendant Kendra Mayo pleaded guilty to conspiracy to import cocaine into
the United States from May 15 through May 21, 2000, contrary to 21 U.S.C. 952 and
963. The District Court calculated her offense level under the Guidelines at 19 and
sentenced defendant to 30 months imprisonment. The Court declined to exercise its
discretion to depart downward on the basis of Mayo’s allegations of duress and coercion.
Nor was it persuaded that her sentence must be consistent with that imposed on a co-
defendant.
During the plea colloquy, the district judge reviewed the terms of the
agreement concerning a waiver of appeal. He asked, "Now, Miss Mayo, you agree that
provided you are sentenced to a level of . . . not more than 19, you are giving up your
right to appeal whatever sentence you get, including not only a direct appeal but any
collateral appeals. . . . Do you understand that?" Defendant responded, "Yes, sir."
In United States v. Khattak, 273 F.3d 557 (3d Cir. 2001), this Court
approved a defendant’s waiver of the right to appeal as part of a plea agreement. We
observed that although the right of appeal is based on statutory rather than constitutional
grounds, waivers of that right should be strictly construed. Id. at 562. Thus, if there exis
unusual circumstances where a miscarriage of justice would result, such a waiver may be
invalidated.
We have carefully examined the submissions in this case and find no basis
for invalidating the waiver.
Accordingly, the appeal will be dismissed.
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TO THE CLERK:

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Please file the foregoing Opinion.
/s/ Joseph F. Weis Jr.
United States Circuit Judge

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