· 2/18/1939
City of Hialeah v. Groves
Citations
- 101 F.2d 951
- 1939 U.S. App. LEXIS 4479
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a knowing and voluntary waiver of right to appeal sentence within agreed upon guideline range is enforceable
- holding that a claim that “counsel was ineffective not at the time of the plea, but at sentencing,” does not survive the waiver
- explaining that “[i]f we were to allow a claim of ineffective assistance of counsel at sentencing as a means of circumventing plain language in a waiver agreement, the waiver of appeal provision would be rendered meaningless”
- \Section 3B1.1(c) provides for a two-level enhancement if the criminal activity involves [fewer] than five participants.\
- \Section 3B1.1 (c) provides for a two-level enhancement if the criminal activity involve[s fewer] than five participants.\
- “It is by now well-settled that a defendant’s knowing and voluntary waiver of his right to appeal a sentence within an agreed upon guideline range is enforceable.” (collecting cases)
Source: CourtListener parenthetical corpus (CC0).
Judges: Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.