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· 8/31/2012

United States v. De Vaughn

Citations

  • 694 F.3d 1141
  • 2012 WL 3764891
  • 2012 U.S. App. LEXIS 18533

How courts have described this case

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

  • holding that government waived the preclusive effect of defendant’s guilty plea by not arguing waiver in its opening brief on appeal
  • holding that because the defendant did “not even tr[y] to show how the alleged errors were ‘plain,’” the court did not need to reach the merits
  • recognizing that guilty plea precludes direct inquiry into as-applied constitutional claim
  • observing that if the Supreme Court had resolved Blackledge and Menna on jurisdictional grounds then the Court would have dismissed them for lack of subject matter jurisdiction
  • noting that Blackledge does not “speak[] in terms of jurisdiction” and instead “merely carved out [an] exception[] for [a] type[] of constitutional claim[]”
  • observing that “we have an independent duty to examine our own jurisdiction” (quoting Amazon, Inc. v. Dirt Camp, Inc., 273 F.3d 1271, 1274 (10th Cir. 2001))

Source: CourtListener parenthetical corpus (CC0).

Judges: Gorsuch, Baldock, Brorby

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.