· 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 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.