United States v. Newbert

504 F.3d 180 (2007)

UNITED STATES of America, Appellant,

v.

Winslow NEWBERT, Defendant, Appellee.

No. 07-1387.

United States Court of Appeals, First Circuit.

Heard September 6, 2007.

Decided October 11, 2007.

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellant.

Richard L. Hartley for appellee.

Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER,[*] Senior District Judge.

LYNCH, Circuit Judge.

In this case we decline to enforce a defendant's waiver of rights contained in a plea agreement.

It has become common for the…