Appellate Law

CA1: appellate waiver valid

By S. COTUS

USA v. Edelen, 07-1189.  This case comes down to whether there was a valid appeal waiver.  He claims that ?his waiver of appellate rights was involuntary and unknowing because he entered into the plea agreement unaware of the potential six-level official-victim enhancement.?  The First looks at the transcript and says that he understood what was going on.  However, it also says that under United States v. Teeter, 257 F.3d 14, 24 (1st Cir. 2001), there was no miscarriage of justice.

Full post as published by Appellate Law and Practice on August 25, 2008 (boomark / email).