Criminal procedure
Appeal Waiver
An appeal waiver is a clause in a plea agreement in which the defendant gives up the right to appeal the conviction or sentence.
Waivers are usually partial. A typical one preserves the right to appeal a sentence above a stated range, along with claims of ineffective assistance of counsel and prosecutorial misconduct, while waiving everything else.
Courts enforce them if the plea was knowing and voluntary, which is why the plea colloquy asks about the waiver specifically. An appeal filed despite a valid waiver is normally dismissed without reaching the merits.
Waivers do not cover everything. A sentence above the statutory maximum, or one based on a constitutionally impermissible factor such as race, remains reviewable regardless of what the agreement says. Defendants also keep the ability to raise most ineffective assistance claims collaterally under Section 2255, since a waiver negotiated by the very lawyer whose performance is challenged cannot bar that claim.
How it appears on a docket
The plea agreement at docket 61 provides that defendant waives the right to appeal any sentence within or below the advisory guideline range.
Governing rule
Fed. R. Crim. P. 11(b)(1)(N)
Related terms
- Plea Agreement — A plea agreement is a written deal in which the defendant pleads guilty in exchange for concessions from the prosecutor, such as dropped counts or a sentencing recommendation.
- Notice of Appeal — A notice of appeal is the short filing that starts an appeal by telling the trial court which judgment is being appealed and to which court.
More on criminal procedure
See this term in a real case
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