Legal Opinion · Dissent

United States v. Jose Medina-Carrasco

Court of Appeals for the Ninth Circuit

Decided December 2, 2015No. 13-10397Published

1DissentFriedman, District Judge

Defendant Jose Medina-Carrasco entered into a plea agreement with the government under which he agreed to waive his appellate rights “provided [he] receives a sentence in accordance with th[e] ... plea agreement.” This court previously has considered this same (or functionally equivalent) plea agreement language, from the same United States Attorney’s Office, in eight unpublished opinions.1 In at least five of those cases, the court held that this caveat is ambiguous and thus renders the waiver unenforceable absent sufficient clarification from the district court or magistrate judge.2 Because…

2Cases cited35 opinions

  1. United States v. TeeterCourt of Appeals for the First Circuit · 2001
  2. United States v. Jose Navarro-BotelloCourt of Appeals for the Ninth Circuit · 1990
  3. United States v. Langford WigginsCourt of Appeals for the Fourth Circuit · 1990
  4. United States v. Alberto De La FuenteCourt of Appeals for the Ninth Circuit · 1993
  5. Carlos Rendon v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2014

30 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API