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Ambiguity in Appeal Waiver Created by District Court's Description

By Shari Allison

US v. Benitez-Diaz, 2009 WL 931708 (10th Cir. April 8, 2009) (unpublished)Despite an appeal waiver in the plea agreement, defendant get a partial remand for resentencing. The district court mischaracterized the waiver provision as applying to the conviction, and it was not clear whether the defendant had already signed the agreement at the time. Therefore, ambiguity was construed in the defendant's favor and he could appeal sentencing issues. The court refused to invalidate the provision completely based on various misstatements by the district court. Regarding the sentencing issues, the district court did not give a proper opportunity for the defendant to address the court -- the district court merely asked whether he objected to the sentence and did not provide the defendant an opportunity to speak on his own behalf...continue to full post

Full post as published by Tenth Circuit Blog on April 10, 2009 (boomark / email).