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· 4/14/2006

United States v. Francisco Antonio Gil-Quezada

Citations

  • 445 F.3d 33
  • 2006 U.S. App. LEXIS 9314
  • 2006 WL 964740

How courts have described this case

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

  • finding that the court, at the change-of-plea hearing, did not mislead when it stated that the defendant could appeal “under some circumstances”
  • explaining that, under Teeter, “even if the plea agreement and the change-of-plea colloquy pass muster, we will not enforce the waiver if doing so would work a miscarriage of justice”
  • noting that appellate waivers must be entered into “knowingly and voluntarily” and may not be enforced-.if doing so would “work a miscarriage of justice”
  • “The miscarriage of justice exception requires a strong showing of innocence, unfairness, or the like.”
  • judge's comments at later disposition hearing have no bearing on extent of any waiver made at prior plea hearing but may \shed light upon the defendant's understanding at that time\
  • \Do you understand that by entering into this plea agreement you may have waived or given up your right to appeal or collaterally attack all or part of the sentence?\

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Lipez, Howard

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.