Skip to main content
· 11/17/2014

United States v. Sherwin Archie

Citations

  • 771 F.3d 217
  • 2014 U.S. App. LEXIS 21713
  • 2014 WL 6120718

How courts have described this case

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

  • recognizing narrow class of errors that fall automatically outside scope of valid appeal waiver
  • ‘‘[A]lthough the law changed after [the defendant] [pleaded] guilty, his expectations (as reflected in the plea agreement
  • “When called upon to determine the existence of a prior conviction for sentencing purposes, a district court can engage in permitted fact-finding in a routine and conscientious sense even if inconsistences and clerical mistakes exist in state records”
  • “[W]e . . . decline[] to enforce a valid appeal waiver only where the sentencing court violated a 16 fundamental constitutional or statutory right that was firmly established at the time of sentencing.” (emphasis supplied)
  • “If we declined to enforce [the defendant’s] appeal waiver because of a subsequent change in the law, we would deprive the Government of the benefit of its bargain and frustrate the purpose underlying such contracts.”
  • listing errors that automatically fall outside scope of appellate waiver

Source: CourtListener parenthetical corpus (CC0).

Judges: Gregory, Agee, Keenan

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.