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· 2/4/1997

United States v. Frank Feichtinger

Citations

  • 105 F.3d 1188
  • 1997 U.S. App. LEXIS 1835
  • 1997 WL 42965

How courts have described this case

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

  • \[A]n improper application of the guidelines is not a reason to invalidate a knowing and voluntary waiver of appeal rights.\
  • “The right to appeal is a statutory right, and like other rights—even constitutional rights—which a defendant may waive, it can be waived in a plea agreement.”
  • an appeal waiver “will not be enforced if a sentencing judge relied on impermissible facts (such as a defendant’s race
  • a sentence in excess of the statutory maximum sentence for the defendant’s crime invalidates sentence, notwithstanding defendant’s stipula- tion waiving his right to appeal
  • “an improper application of the guidelines is not a reason to invalidate a knowing and voluntary waiver of appeal rights.”
  • When a defendant signs a voluntary appeal waiver in his plea agreement, the district court’s improper application of the guidelines does not allow us to bypass the waiver and review a defendant’s claim.

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Eschbach, Evans

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.