U.S. v. VANDERWERFF

No. 13-1227.

788 F.3d 1266 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy John VANDERWERFF, Defendant-Appellant. Blain D. Myhre, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 10, 2015.


Attorney(s) appearing for the Case

O. Dean Sanderford , Assistant Federal Public Defender, Denver, CO ( Virginia L. Grady , Interim Federal Public Defender, Denver, CO, with him on the brief), for Defendant-Appellant.

James C. Murphy , Assistant United States Attorney, Denver, CO ( John F. Walsh , United States Attorney, Denver, CO, with him on the brief), for Plaintiff-Appellee.

Blain David Myhre , Blain Myhre, LLC, Englewood, CO, as Amicus Curiae.

Before LUCERO, HARTZ, and HOLMES, Circuit Judges.


Defendant-Appellant Timothy Vanderwerff 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...

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