The following excerpt is from U.S. v. Darer, 117 F.3d 1426 (9th Cir. 1997):
1 Darer's waiver of his right to appeal his sentence does not prevent him from appealing the issue of whether the government breached the plea agreement. See United States v. Baramdyka, 95 F.3d 840, 843 (9th Cir.1996), cert. denied, 117 S.Ct. 1282 (1997) (recognizing as exceptions to the waiver of a right to appeal in a plea agreement "claims involving a breach of the plea agreement, racial disparity in sentencing among codefendants or an illegal sentence imposed in excess of a maximum statutory penalty.").
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