Does a defendant have waived their statutory right to appeal in a negotiated plea of guilty?

MultiRegion, United States of America

The following excerpt is from U.S. v. Garibay, 48 F.3d 1229 (9th Cir. 1995):

Whether a defendant has waived his statutory right to appeal is reviewed de novo. United States v. Bolinger, 940 F.2d 478, 479 (9th Cir.1991). "[A]n express waiver of the right to appeal in a negotiated plea of guilty is valid if knowingly and voluntarily made." Id. at 480. "[A] waiver of the right to appeal would not prevent an appeal where the sentence imposed is not in accordance with the negotiated agreement." United States v. Navarro-Botello, 912 F.2d 318, 321 (9th Cir.1990), cert. denied, 112 S.Ct. 1488 (1992).

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