United States v. Chua

Jack B. Weinstein, Senior United States District Judge:

*216Table of Contents

I. Introduction...216

II. Factual Background...216

III. Right To Collaterally Attack An Unconstitutional Sentence...217

A. Importance of Right To Collateral Attack...217

B. Prevalence of Plea Bargaining...217

C. Plea Agreements and Waiver of Collateral Attack Rights...218

IV. Conclusion...220

I. Introduction

This memorandum concerns an important constitutional issue: whether a defendant may, in effect, be forced by the government to waive, as part of a plea agreement, his or her constitutional right to collaterally attack a…