Chesapeake & O. Ry. Co. v. Kaltenbach

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that a waiver may be unenforceable “when [a] sentence [is] imposed based on constitutionally impermissible factors, such as ethnic, racial or other prohibited biases”
• holding that in cases where the government files a motion to dismiss a defendant’s appeal based on an appeal waiver, defense counsel must either contest the validity of the waiver, or file “a brief similar to that required by Anders”
• noting that courts have “repeatedly upheld the validity of such waivers” where they are “knowingly, voluntarily, and competently provided by the defendant”
• explaining that we uphold waiver “even in circumstances where the sentence was conceivably imposed in an illegal fashion or in violation of the Guidelines, but yet was still within the range contemplated in the plea agreement”
• explaining that we uphold waiver “even in circumstances where the sentence was conceivably imposed in an illegal fashion or in violation of the Guidelines, but yet was still within the range contemplated in the plea agreement”
• stating that we have “upheld waiver provisions even in circumstances where the sentence was conceivably imposed in an illegal fashion or in violation of the Guidelines, but yet was still within the range contemplated in the plea agreement”

Source: CourtListener parenthetical corpus (CC0).