Question of enforceability of appeal waiver presents issue that is reviewed de novo on appeal
PLEA/APPEAL WAIVER United States v. Ibarra-Coronel, No. 06-2183, ___ F.3d ___ (10th Cir. Feb. 28, 2008)(New Mexico). Appeal of sentence imposed under terms of plea agreement for conspiracy to distribute heroin in violation of 21 U.S.C. § 846. HELD: (1) Enforceability of appeal waiver provision of plea agreement presents question of law that is reviewed de novo on direct appeal. (2) Because defendant had already signed plea agreement with government that correctly stated potential sentencing range and contained appeal waiver provision, defendant knowingly and voluntarily waived her appeal rights despite magistrate’s error in misstating statutory sentencing range during plea colloquy. Because defendant knowingly and voluntarily waived appeal rights, appeal waiver is enforceable. Read the opinion here. |
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