Judge’s oral modification of plea agreement does not alter agreement’s appeal waiver terms
SENTENCING/PLEA AGREEMENT/APPEAL United States v. Montano, No. 06-2009, ___ F.3d ___ (10th Cir. Jan. 3, 2007)(New Mexico). Appeal of conviction and sentence for conspiracy and possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a), 846(b)(1)(B), and § 846. HELD: Magistrate judge’s explicit acceptance of plea agreement and district court judge’s findings as to portions of agreement during sentencing demonstrate that plea agreement was accepted by court in it entirety, including appeal waiver provisions. Thus, district court judge’s attempt to eliminate appeal waiver provision by pronouncement from bench did not alter substance of agreement and agreement remained effective as written, including defendant’s waiver of right to appeal. Read the opinion here. |
Comments on "Judge’s oral modification of plea agreement does not alter agreement’s appeal waiver terms"