· 2/18/2004
United States v. Judith Monzon, Also Known as Miti
Citations
- 359 F.3d 110
- 2004 U.S. App. LEXIS 2773
- 2004 WL 303931
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that enforcement of an appeal waiver is appropriate where “the merits of” a claim “cannot be determined on the basis of the record on appeal”
- stating that a waiver “would be unenforceable if the record of the criminal proceeding revealed that the claim that the waiver was the result of ineffective assistance of counsel was meritorious”
- enforcing appeal waiver where defendant claimed ineffective assistance of counsel but challenged only her sentence and did not seek to withdraw her guilty plea
- explaining that a district court’s internally consistent decision to credit one witness’s testimony over another, when that witness “has told a coherent and facially plausible story that is not contradicted by extrinsic evidence . . . , can virtually never be clear error”
- permitting an appeal from a defendant “‘who has secured the benefits of a plea agreement and knowingly and voluntarily waived the right to appeal’” would “‘render the plea bargaining process and the resulting agreement meaningless.’”
- upholding a district court’s determination that a counsel’s intervention to stop a defendant from lying at a safety valve proffer and thereby damaging her chances of gaining the Government’s recommendation, was not objectively unreasonable conduct
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Kearse, Raggi
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.