Is a plea agreement in which a defendant relinquishes his right to seek relief from his conviction or sentence enforceable enforceable?
MultiRegion, United States of America
The following excerpt is from United States v. Gamboa-Serrano, Case No. 15-cr-2627-BAS, Case No. 16-cv-1712-BAS (S.D. Cal. 2017):
A plea agreement in which a defendant relinquishes his right to seek relief, direct or collateral, from his conviction or sentence is enforceable. United States v. Abarca, 985 F.2d 1012, 1014 (9th Cir. 1993). "The fact that [a defendant] did not foresee the specific issue that he now seeks to appeal does not place the issue outside the scope of the waiver." United States v. Johnson, 67 F.3d 200, 202 (9th Cir. 1995).
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