Eleventh Circuit· 8/28/2008

United States v. Johnson

Citations

541 F.3d 1064
2008 U.S. App. LEXIS 18512
2008 WL 3927476

How courts have described this case

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

finding that a sentence appeal waiver barred an appeal of a restitution order because restitution penalties are “incorpo- rated into the traditional sentencing structure”
suggesting that a defendant may not waive his right to ap- pellate review of a sentence imposed in “extreme circumstances,” in excess of the statutory maximum, or based on an impermissible factor, such as race
“The waiver is valid if the government shows either that: (1) the district court specifically questioned the defendant about the waiver; or (2) the record makes clear that the defendant otherwise understood the full significance of the waiver.”
waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error and only extreme circumstances will require that the defendant be permitted to appeal despite the existence of a valid appeal waiver
sentence appeal waiver barred challenge to untimely restitution order

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Black, Wilson

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12 cases in this archive cite this case.

Cites

18 cases in this archive are cited by this case.

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