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· 4/5/2005

United States v. Rodney McGilvery

Citations

  • 403 F.3d 361
  • 2005 U.S. App. LEXIS 5357
  • 2005 WL 756560

How courts have described this case

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

  • holding that McGilvery’s waiver was valid when “the prosecutor summarized the terms of the plea agreement and specifically explained that McGilvery agreed to waive his right to appellate review”
  • holding that the court lacked jurisdiction to consider McGilvery’s appeal because he had waived his appellate rights in the plea agreement
  • holding that the circuit court lacked jurisdiction to hear the defendant’s appeal because the defendant waived his right to appeal in the plea agreement
  • holding that McGilvery’s waiver was valid when “the prosecutor summarized the terms of the plea agreement and specifically explained that McGilvery agreed to waive his right to appellate review”
  • holding a waiver valid and “strongly encouraging” No. 06-6504 United States v. Coker Page 9 the government to file a motion to dismiss the appeal in similar future cases to avoid wasting time and resources
  • encouraging the government to file in this court a motion to dismiss the appeal whenever the defendant has agreed to an appellate waiver, as it would facilitate referral to a motions panel

Source: CourtListener parenthetical corpus (CC0).

Judges: Cole, Gilman, Polster

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.