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Tag Archives: appeal waiver

Criminal Law: Sentencing-Appeal Waiver

Where a defendant challenged the sentence imposed after he pleaded guilty to a drug offense, the plea agreement included an appeal waiver that was valid, enforceable and applicable to the issues raised in the appeal. Appeal is dismissed. U.S. v. ...

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Criminal Law: Sentencing-Appeal Waiver

Where a defendant challenged his sentence following a guilty plea to crimes including robbery, the appeal fell within the scope of the appeal waiver, and the plea agreement was voluntarily and knowingly entered, so the appeal is dismissed. Appeal is ...

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Criminal Law: Fraud-Appeal Waiver-Substantive Reasonableness of Sentence

Defendant appealed from the district court’s sentence imposed after defendant pleaded guilty to fraud offenses pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged the substantive reasonableness of her sentence. Where the appeal waiver in ...

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Criminal Law: Drug and Firearms Offenses-Appeal Waiver-Reasonableness of Sentence

Defendant appealed from the sentence imposed after he pleaded guilty to drug and firearms offenses pursuant to a plea agreement containing an appeal waiver. Where defendant’s appeal waiver was applicable to his challenge to his sentence, the court dismissed the ...

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Criminal Law: Sentencing-Appeal Waiver

Where a defendant challenged his sentence in a drug-conspiracy case, the plea agreement included an appeal waiver, and the sole issue raised on appeal was within the waiver, so the appeal is dismissed. Appeal is dismissed. U.S. v. Gatling (MLW ...

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Criminal Law: Sentencing-Appeal Waiver

Where a defendant appealed following his guilty plea in a drug-conspiracy case, the appeal waiver was valid and enforceable and applicable to the appeal, so the appeal is dismissed. Appeal is dismissed. U.S. v. Bradshaw (MLW No.74613/Case No. 19-2362 – ...

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Criminal Law: Sentencing-Appeal Waiver

Where a defendant appealed after his guilty plea to a felon-in-possession case, the claim of ineffective assistance was not cognizable on direct appeal, and there were no non-frivolous issues for appeal that were outside the scope of the plea agreement’s ...

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Criminal Law: Drug Offense-Appeal Waiver-Substantive Reasonableness of Sentence

Defendant appealed from the sentence imposed after he pleaded guilty to a drug offense, pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the appeal waiver was enforceable ...

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Criminal Law: Bank Robbery-Appeal Waiver-Reasonableness of Sentence

Defendant appealed after he pleaded guilty to bank robbery and related offenses, pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant argued that his sentence was unreasonable and that he was denied effective assistance of counsel; ...

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Criminal Law: Sentencing-Appeal Waiver-Ineffective Assistance Claim

Where a defendant challenged the reasonableness of his sentence, the appeal waiver is enforced, and to the extent that the defendant raised claims of ineffective assistance of counsel, the court declined to consider the claims, so the appeal is dismissed. ...

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Criminal Law: Sentencing-Appeal Waiver

Where a defendant challenged his sentence after his guilty plea to drug and firearm offenses, the plea agreement included an appeal waiver that was valid, enforceable and applicable to the issues raised on appeal, so the appeal is dismissed. Appeal ...

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