· 2/5/2001
United States v. Donelle Fleming
Citations
- 239 F.3d 761
- 2001 U.S. App. LEXIS 1507
- 2001 WL 99957
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that, under certain circumstances, once a court accepts a plea agreement, it is “bound by the bargain” the parties reached
- noting that the district court informed the defendant that he retained an unqualified right to appeal despite the waiver provision
- finding valid waiver where the record “clearly - 13 - No. 22-3277, United States v. Gallagher demonstrate[d] that [the defendant] understood the waiver contained in the plea agreement and consented to it voluntarily”
- appeal waiver upheld where the record clearly demonstrated that appellant understood the waiver contained in the plea agreement and consented to it voluntarily
- “The sine qua non of a valid waiver is that the defendant enter into the agreement knowingly and voluntarily.”
- “It is well settled that a defendant in a criminal case may waive any right, even a constitutional right, by means of a plea agreement”
Source: CourtListener parenthetical corpus (CC0).
Judges: Batchelder, Cole, Gibson
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.