U.S. Court of Appeals for the Tenth Circuit

United States v. Foster

August 24, 2026

Summary

The court dismissed Foster’s sentencing appeal because he expressly waived his right to appeal, and the alleged error did not satisfy the miscarriage-of-justice exception. The court held that an allegedly unsupported factual finding supporting an upward variance was a standard sentencing error, not an egregious error undermining the judiciary’s integrity. There were no separate opinions.