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December 12, 2005

Extended Second Circuit discussion of appeal waivers

The Second Circuit today in US v. Hamdi, No. 03-1307 (2d Cir. Dec. 12, 2005) (available here), has lots of interesting discussion of appeal waivers.  Here's the panel's official summary of its ruling:

Defendant Ali Hamdi, a Tunisian citizen, appeals a judgment of sentence imposed after his plea of guilty. We hold that (1) Hamdi's completion of his sentence and his subsequent deportation do not render his appeal moot and (2) Hamdi did not waive his right to challenge his sentence under United States v. Booker, 125 S. Ct. 738 (2005), by signing a plea agreement reciting that "[t]he defendant's sentence is governed by the United States Sentencing Guidelines."

December 12, 2005 at 05:45 PM | Permalink

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