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December 13, 2005

Extended Fifth Circuit discussion of appeal waivers

Following the lead of the Second Circuit's recent work on related issues, the Fifth Circuit in US v. Burns, No. 04-11357 (5th Cir. Dec. 13, 2005) (available here), has issued a thoughtful opinion which discusses appeal waivers at length.  Here is the closing paragraph in Burns:

We join the other circuits in holding that an otherwise valid appeal waiver is not rendered invalid, or inapplicable to an appeal seeking to raise a Booker or Fanfan issue (whether or not that issue would have substantive merit), merely because the waiver was made before Booker.  Apart from being made pre-Booker, Burns's waiver is clearly otherwise valid, voluntary, knowing and intelligent, and applicable to the Fanfan issue which constitutes his sole ground of appeal.

December 13, 2005 at 10:29 PM | Permalink


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