Does a defendant waive his statutory right to appeal by pleading guilty?
MultiRegion, United States of America
The following excerpt is from U.S. v. Brewer, 132 F.3d 40 (9th Cir. 1997):
We review de novo whether a defendant waived his statutory right to appeal. See United States v. Bolinger, 940 F.2d 478, 480 (1991). An express waiver of the right to appeal in a negotiated guilty plea is valid if knowingly and voluntarily made. See United States v. DeSantiaqo-Martinez, 38 F.3d 394, 395 (9th Cir.1994). As long as the sentence imposed was in accordance with the plea agreement, no exception exists to the waiver of the right to appeal. See Bolinger, 940 F.2d at 480.
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