Fourth Circuit holds that ADHD is not enough to overcome an appeal waiver

In UNITED STATES v. COHEN, Cohen pled guilty to mail fraud. After sentencing, Cohen sought to appeal, arguing that the district court erred in determining the amount of loss for sentencing purposes and in calculating the amount of restitution owed to his victims. The United States moved to dismiss the appeal based on an appeal waiver contained in Cohen's plea agreement. The plea agreement provided that he

waive[ed] knowingly and expressly all rights, conferred by 18 U.S.C. 3742, to appeal whatever sentence is imposed, including any issues that relate to the establishment of the [applicable and advisory] Guideline range, reserving only the right to appeal from an upward departure from the Guideline range that is established at sentencing. . . .

Cohen argued that the panel should find his appeal waiver to be invalid and unenforceable because of his ability to knowingly and intelligently waive his right to appeal was compromised by his Attention Deficit Hyperactivity Disorder. The panel rejected this argument because the district court undertook a careful inquiry to determine that Cohen was competent and understood what he was doing by entering into the plea agreement and pleading guilty; the district court asked specific questions about Cohen's ADHD condition; Cohen was represented by counsel during the proceedings, who assured the district court that the various doctors who evaluated Cohen all found him competent to understand the nature of the court proceedings; and Cohen's attorney further stated that he had no difficulty communicating with Cohen and had no reason to doubt Cohen's competency.

Hence, the panel dismissed the appeal.