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CA1: Plea waiver enforceable

By S. COTUS

US v. Acosta-Roman, Nos. 07-1238, 07-1239 dismisses an appeal based on an appeal waiver.  The defendant argued that because an enhancement wasn?t a condition of the agreement, that the issue can still be raised.  But, the First looks at the agreement, and says that there was an agreement to litigate that issue below, and therefore, because the court adhered to the boundaries of the expected sentences, all is well. 

Full post as published by Appellate Law and Practice on November 24, 2008 (boomark / email).