Thus, the district court's statement about the limited circumstances under which Soto-Cruz could appeal his sentence does not negate the enforceability of his appeal waiver. Andis, 333 F.3d 886, 892 (8th Cir.) (en banc) (recognizing a narrow exception to the enforceability of an appeal waiver for an allegedly illegal sentence), cert. 2003) (refusing to enforce appeal waiver against defendant's claim that his sentence was based on a constitutionally impermissible factor), cert. Courts have long recognized that appeal waivers do not prevent a defendant from appealing a sentence that would result in a miscarriage of justice, such as a sentence imposed in violation of the law. The district court's statement in this case is not such a "broad assurance." Rather, its statement about Soto-Cruz's appeal rights was limited to the appeal of a sentence that Soto-Cruz thought was in violation of the law or was unreasonable. Soto-Cruz's scheme resulted in actual losses to his clients, including at least two banks, of more than $10 million. Soto-Cruz was able to perpetuate the scheme for nearly thirteen years, through the Dean Witter/Morgan Stanley merger, and even while working under several different supervisors. He then funneled his clients' investments through fictitious corporate accounts that he opened and controlled and into high-risk investments, keeping the profits of the risky investments for himself. He advised at least ten different individual and institutional clients to invest in low-risk securities, including mortgage-backed securities issued by the Government National Mortgage Association (GNMA). In 1991, Soto-Cruz began what turned into a twelve-year-long scheme to defraud his clients out of at least $58 million. He later worked for Dean Witter Reynolds, Inc., which eventually merged with Morgan Stanley. in philosophy, became a registered stockbroker in 1989 for Paine Webber.
Soto-Cruz, who worked his way out of a poor and troubled childhood to earn a Ph.D.
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