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· 4/28/1999

UNITED STATES of America, Plaintiff-Appellee, v. Douglas J. PHILLIPS, Defendant-Appellant

Citations

  • 174 F.3d 1074
  • 99 Cal. Daily Op. Serv. 3035
  • 99 Daily Journal DAR 3928
  • 1999 U.S. App. LEXIS 8017
  • 1999 WL 246504

How courts have described this case

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

  • concluding that even if defendant had voluntarily and knowingly waived his general right to appeal, this waiver would not affect his ability to appeal a violation of the restitution statutes, citing United States v. Broughton-Jones , 71 F.3d 1143 (4th Cir. 1995)
  • concluding that even if defendant had voluntarily and knowingly waived his general right to appeal, this waiver would not affect his ability to appeal a violation of the restitution statutes, citing United States v. Broughton-Jones, 71 F.3d 1143 (4th Cir. 1995)
  • noting that waiver of appeal was inapplicable to argument that restitution order violated a federal restitution statute
  • concluding that even if the plea agreement had been entered into knowingly and voluntarily, if the restitution order was nonetheless in excess of the statutory maximum in violation of the VWPA, and therefore illegal, the defendant would be permitted to appeal that decision
  • appeal waiver does not preclude a claim that the plea agreement is ambiguous as 5 to losses subject to restitution

Source: CourtListener parenthetical corpus (CC0).

Judges: Lay, Goodwin, Schroeder

Read full opinion on CourtListener

Sourced 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.