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Plea bargain and the right to appeal Sentencing, Plea Bargains

Discussion in 'Criminal Procedure, Criminal Court' started by ahiads, Dec 28, 2001.

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  1. ahiads

    ahiads Law Topic Starter New Member

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    Hello

    I have a question regarding plea bargains.
    I wondered anyone knows about a verdict (from any instance, but federal will be better) where the defendant did not waive his right to appeal (as a part of plea bargain) and challenged the sentence that was within the sentencing range agreed by the sides.
    Thanks in advance.

    Ahiad Shchory, Israel
    ahiad@lawyer.com
    dswarn12@hotmail.com
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'm not sure I understand the question - an agreement was made without waiving the right to appeal and the defendant wants to appeal? Perhaps I'm missing something here... Additionally, there still needs to be a basis for an appeal, which is usually that there is a mistake of law which could have changed the outcome of the case. With regard to sentencing, if there was a sentence within the guidelines then I'm not sure what can be appealed.
     
  3. ahiads

    ahiads Law Topic Starter New Member

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    plea bargaining and the right to appeal (2)

    im talking about sentencing appeal waivers.
    an agreement was made without waiving the right to appeal and the defendant wants to appeal the sentence. you are saying that if there was a sentence within the guidelines then youre not sure what can be appealed, but the fact is that if there is a need in such provision and that means thas if there is no provision regarding the waive of the right to appeal, one can appeal...

    the following link deals with this subject : http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00626.htm

    still, i havent find any verdict where the defendant didnt waive the right to appeal and actually appealed, but im sure that there are lots, because this provision didnt comme from nowhere...

    thanks for your reply and effort

    Ahiad Shchory, Israel
    ahiad@lawyer.com
    dswarn12@hotmail.com
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    From what I read at the beginning, it seems to say that you can waive certian rights to appeal but not others. If there was discrimination in sentencing based upon race then it is not possible to waive the right to appeal such a waiver. This seems to apply to constitutional rights, not a right to question other areas such as an absolute right to appeal non-constitutionally protected issues. It makes sense since these are fundamental rights that must be present or else the trial/sentence isn't fair from the beginning.
     

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