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· 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 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.