· 2/5/1999
United States v. Howle
Citations
- 166 F.3d 1166
- 83 A.F.T.R.2d (RIA) 1185
- 1999 U.S. App. LEXIS 1536
- 1999 WL 51807
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court’s encouragement of the defendant to appeal was dicta and “had no effect on the terms of a previously approved plea agreement”
- concluding that district court’s encouragement of defendant, who had waived right to appeal, to file an appeal “had no effect on the terms of a previously approved plea agreement”
- stating that a district court’s acceptance or rejection of a plea agreement is not final until after the court has had the opportunity to consider the PSI
- suggesting that “extreme circumstances”—e.g., a “public flogging” sentence—might justify overlooking an appeal waiver
- explaining that “[m]odification of the terms of a plea agreement is . . . beyond the power of the district court,” as “[s]uch a modification would impermissibly alter the bargain at the heart of the agreement”
- explaining that “[m]odification of the terms of a plea agreement is . . . beyond the power of the district court,” as “[s]uch a modification would impermissibly alter the bargain at the heart of the agreement”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Barkett, Propst
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.