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November 22, 2005

Seventh Circuit on processing appeal waivers

Thanks to this post by Marcia Oddi at The Indiana Law Blog, I see that the Seventh Circuit today in the habeas case of Wayne v. US, No. 05-3092 (7th Cir. Nov. 22, 2005) (accessible here), had occassion to talk about appeal waivers.  Here is the money quote:

We can accomplish the goal of enforcing waivers appropriately only if the government clearly alerts the court to the existence of the waiver and furnishes the necessary information about its exact terms.

November 22, 2005 at 05:19 PM | Permalink

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Comments

I am a paralegal working for an attorney who does represents many federal prisoners in post conviction matters. In so many instances, they have entered guilty pleas, yet the record presents viable sentencing issues. We find that in almost each case, the boilerplate plea agreement presents a hurdle to 28 USC 2255 filings simply because that provision is included in the agreement. We are at the point in the trial practice that we never enter into negotiations with the government, and opt instead to plead to the indictment, giving the opportunity in both PSR challenges and a sentencing memorandum to preserve issues for direct review. There really is no upside for a defendant to enter into a one sided agreement.

Posted by: fred gearing | Nov 24, 2005 7:33:46 AM

I am a paralegal working for an attorney who does represents many federal prisoners in post conviction matters. In so many instances, they have entered guilty pleas, yet the record presents viable sentencing issues. We find that in almost each case, the boilerplate plea agreement presents a hurdle to 28 USC 2255 filings simply because that provision is included in the agreement. We are at the point in the trial practice that we never enter into negotiations with the government, and opt instead to plead to the indictment, giving the opportunity in both PSR challenges and a sentencing memorandum to preserve issues for direct review. There really is no upside for a defendant to enter into a one sided agreement.

Posted by: fred gearing | Nov 24, 2005 7:35:01 AM

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