Does a criminal defendant have a statutory right to appeal their sentence?

MultiRegion, United States of America

The following excerpt is from U.S. v. George, 12 F.3d 1109 (9th Cir. 1993):

We review de novo whether a criminal defendant has waived her statutory right to appeal. United States v. Bolinger, 940 F.2d 478, 479 (9th Cir.1991) (plea agreement); United States v. Navarro-Botello, 912 F.2d 318, 320 (9th Cir.1990) (same), cert. denied, 112 S.Ct. 1488 (1992).

"There is no constitutional right to appeal. The right is purely statutory." Bolinger, 940 F.2d at 480 (citation omitted). We will enforce a knowing and voluntary agreement in which the defendant waives her right to appeal her sentence. Id.; see also United States v. Desantiago-Martinez, 980 F.2d 582, 582 (9th Cir.1992).

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