Does a waiver of appellate rights apply if a defendant's sentence is illegal?
MultiRegion, United States of America
The following excerpt is from Gilbert v. United States, Case No.: 14-CR-0634 W, Case No.: 16-CV-1448 W (S.D. Cal. 2016):
(See Pet.'s Reply [Doc. 53] 4:25-5:25.) See United States v. Torres, 828 F.3d 1113, 1125 (9th Cir. 2016) ("A waiver of appellate rights will . . . not apply if a defendant's sentence is illegal . . . ." (internal quotation omitted)). This is incorrect. Bank robbery is a crime of violence by its elements, per U.S.S.G. 4B1.2(a)(1), without reference to the residual clause in 4B1.2(a)(2) (2015).
U.S.S.G. 4B1.1 provides:
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