United States v. Perez

MEMORANDUM AND ORDER

GERTNER, District Judge.

I. INTRODUCTION

Defendant Jose A. Perez (“Perez”) has struck a plea agreement with the United States in which he agrees to plead guilty, under Fed.R.Crim.Pro. 11(e)(1)(B), and accepts, among other things, a limited waiver of his right to appeal and his right to bring a collateral challenge to his sentence. I find that the appeal waiver is against public policy, and unenforceable. 1 I strike the clause from defendant’s plea agreement, which I will otherwise accept.

The government argues that the waiver is limited and appropriate. It is limited because…