Can a defendant who has secured the benefits of a plea agreement and knowingly waived the right to appeal their sentence?
MultiRegion, United States of America
The following excerpt is from United States v. Jackson, No. 19-1695-cr (2nd Cir. 2020):
"[W]aivers of the right to appeal a sentence are presumptively enforceable." United States v. Burden, 860 F.3d 45, 51 (2d Cir. 2017) (internal quotation marks omitted). Allowing a defendant "who has secured the benefits of a plea agreement and knowingly and voluntarily waived the right to appeal a certain sentence" to "then appeal the merits of a sentence conforming to the agreement . . . would render the plea bargaining process and the resulting agreement meaningless."
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