· 7/19/2007
United States v. Bibler
Citations
- 495 F.3d 621
- 2007 U.S. App. LEXIS 17146
- 2007 WL 2050956
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]n appeal waiver will not apply if . . . the sentence violates the law”
- recognizing that an appeal waiver will not be enforced where the sentence imposed is illegal or unconstitutional
- observing that a waiver of appellate rights will not apply if a defendant’s sentence is “illegal,” which includes a sentence that “violates the Constitution”
- defining an illegal sentence as a sentence that “exceeds the permissible statutory penalty for the crime 2 or violates the Constitution”
- “An appeal waiver will not apply if . . . the sentence violates the law.”
- “A sentence is illegal if it exceeds the permissible statutory penalty for the crime or violates the Constitution.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, O'Scannlain, Tashima
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.