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· 5/24/2005

United States v. Marvis H. Bownes

Citations

  • 405 F.3d 634

How courts have described this case

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

  • noting that appeal waivers do not prohibit sentencing challenges “based on constitutionally impermissible criteria, such as race . . . or a sentence in excess of the statutory maximum sentence for the defendantʹs crime”
  • noting that defendants cannot waive right to appeal sentence “based on constitutionally impermissible criteria, such as race . . . or a sentence in excess of the statutory maximum sentence for the defendant’s crime”
  • rejecting the view that “Booker is special because it brought about a ‘sea change’ in the law”
  • rejecting the view that “Booker is special because it brought about a ‘sea change’ in the law”
  • discussing, in criminal context, due process protections in excess of ordinary contract law principles for waivers of constitutional rights
  • \[S]ome minimum of civilized procedure is required by community feeling regardless of what the defendant wants or is willing to accept.\ (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Ripple, Manion

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.