· 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 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.