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U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ogden, No. 96-2754 (7th Cir.) (102 F.3d 887) (December 16, 1996) (Judge Harlington Jr. Wood) by Everard v. United States, 102 F.3d 763 (6th Cir. 1996) (Judge Moore) United States v. Ogden, 102 F.3d 887 (7th Cir. 1996) (Judge Wood) With commendable understatement, Judge Wood starts her opinion …

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Waiver of Appeal Rights

Everard v. U.S., No. 95-2090 (6th Cir.) (102 F.3d 763) (October 15, 1996) (Judge Karen Nelson Moore) by Everard v. United States, 102 F.3d 763 (6th Cir. 1996) (Judge Moore) United States v. Ogden, 102 F.3d 887 (7th Cir. 1996) (Judge Wood) With commendable understatement, Judge Wood starts her opinion …

U.S. v. Baramdyka, No. 94-50051 (9th Cir.) (95 F.3d 840) (September 10, 1996) (Judge Malcolm F. Marsh)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Baramdyka, No. 94-50051 (9th Cir.) (95 F.3d 840) (September 10, 1996) (Judge Malcolm F. Marsh) by The Court observed: "A defendant may waive a statutory right to appeal his sentence. United States v. Navarro-Botello, 912 F.2d 318, 321 (9th Cir. 1990), cert. denied, 503 U.S. 942 (1992). However, …

U.S. v. Edgin, No. 95-6409 (10th Cir.) (92 F.3d 1044) (August 9, 1996) (Judge Stephanie K. Seymour)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Edgin, No. 95-6409 (10th Cir.) (92 F.3d 1044) (August 9, 1996) (Judge Stephanie K. Seymour) by

U.S. v. Ready, No. 95-1211(L), No. 840 (2nd Cir.) (82 F.3d 551) (May 2, 1996) (Judge Dennis G. Jacobs)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Ready, No. 95-1211(L), No. 840 (2nd Cir.) (82 F.3d 551) (May 2, 1996) (Judge Dennis G. Jacobs) by Case upheld a defendant's right to appeal from an order of restitution, even though he had signed a broad waiver of appeal rights, because the circumstances surrounding the plea did …

U.S. v. Yemitan, No. 95-1352(L), No. 600 (2nd Cir.) (70 F.3d 746) (November 30, 1995) (Judge Dennis G. Jacobs)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Yemitan, No. 95-1352(L), No. 600 (2nd Cir.) (70 F.3d 746) (November 30, 1995) (Judge Dennis G. Jacobs) by Citing the general rule that a defendant's knowing and voluntary waiver of his right to appeal a sentence within an agreed guideline range is enforceable, the Court held that the …

U.S. v. Broughton-Jones, No. 94-5539 (4th Cir.) (71 F.3d 1143) (December 22, 1995) (Judge James Dickson Jr. Phillips)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Broughton-Jones, No. 94-5539 (4th Cir.) (71 F.3d 1143) (December 22, 1995) (Judge James Dickson Jr. Phillips) by Here the court reasoned that a restitution order which exceeded its authority under the VWPA is equivalent to an illegal sentence. The court then held that such a restitution order was …

U.S. v. Stevens, No. 94-1245 (2nd Cir.) (66 F.3d 431) (September 12, 1995) (Judge J. Daniel Mahoney)

Article • November 1, 1995

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Stevens, No. 94-1245 (2nd Cir.) (66 F.3d 431) (September 12, 1995) (Judge J. Daniel Mahoney) by Court remanded case back to district court to determine whether defendant knowlingly agreed to waive rights to appeal sentence where the record was insufficient to support such knowledge.

U.S. v. Buchanan, No. 94-10056 (9th Cir.) (59 F.3d 914) (July 6, 1995) (Judge Thomas Tang)

Article • August 1, 1995

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Buchanan, No. 94-10056 (9th Cir.) (59 F.3d 914) (July 6, 1995) (Judge Thomas Tang) by In this case the Court held that a defendant's waiver of his right to appeal was unenforceable because the district court's oral pronouncements at sentencing trumped the written plea agreement and because the …

U.S. v. Melancon, No. 91-4627 (5th Cir.) (972 F.2d 566) (September 3, 1992) (Judge John M. Jr. Duhé)

Article • January 1, 1994

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Melancon, No. 91-4627 (5th Cir.) (972 F.2d 566) (September 3, 1992) (Judge John M. Jr. Duhé) by Here, relying on an unpublished decision of another panel, the Court upheld the validity of a waiver of appeal that the defendant had signed; and dismissed the appeal he attempted to …