Does a negotiated plea of guilty constitute a waiver of the statutory right to appeal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Post, 21 F.3d 1118 (9th Cir. 1994):
"Whether the appellant waived his statutory right to appeal is a matter of law we review de novo." United States v. Bolinger, 940 F.2d 478, 479 (9th Cir.1991).
The law of waiver of the right to appeal is very clear in this circuit:
We have held that an express waiver of the right to appeal in a negotiated plea of guilty is valid if knowingly and voluntarily made. United States v. Navarro-Botello, 912 F.2d [318,] 322 [ (9th Cir.1990), cert. denied 112 S.Ct. 1488 (1992) ].
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