Legal Opinion
United States v. Gul Khan Khattak
Court of Appeals for the Third Circuit
Decided December 6, 2001No. 00-4169PublishedCited by 208 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
This case addresses the validity of a “waiver of appeal” provision in a guilty-plea agreement, an issue of first impression in our court. Ten other Courts of Appeals have held that such waivers are generally valid. We hold that waivers of appeals are generally permissible if entered into knowingly and voluntarily, unless they work a miscarriage of justice.
I
On September 13, 1994, defendant Gul Khan Khattak, a resident of Pakistan, was charged with conspiring to possess with intent to distribute and to import eight kilograms of heroin from Pakistan…
2Cases cited23 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Jones v. BarnesSupreme Court of the United States · 1983
- Peretz v. United StatesSupreme Court of the United States · 1991
- United States v. MezzanattoSupreme Court of the United States · 1995
18 more not listed; retrieve them via the Exa API.
3Cited by208 opinions
- United States v. John Robert AndisCourt of Appeals for the Eighth Circuit · 2003
- United States v. HahnCourt of Appeals for the Tenth Circuit · 2004
- United States v. Tyronski JohnsonCourt of Appeals for the Fourth Circuit · 2005
- Fahy v. HornCourt of Appeals for the Third Circuit · 2008
- United States v. Ricky A. CaruthersCourt of Appeals for the Sixth Circuit · 2006
203 more not listed; retrieve them via the Exa API.