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· 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 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.