Legal Opinion

United States v. Fulvio Desantiago-Martinez

Court of Appeals for the Ninth Circuit

Decided November 25, 1992No. 92-50373PublishedCited by 21 opinions

1Opinion of the Court

Fulvio DeSantiago-Martinez appeals his sentence, which was imposed after he pleaded guilty pursuant to the terms of a written plea agreement. The government now moves t.o dismiss the appeal on the ground that the plea agreement contains an express waiver of the right to appeal the sentence. We dismiss.

“[A]n express waiver of the right to appeal in a negotiated plea of guilty is valid if knowingly and voluntarily made.” United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991); United States v. Navarro-Botello, 912 F.2d 318, 319, 321-22 (9th Cir.1990), cert. denied, — U.S. -, 112 S.Ct. 1488,…

2Cases cited3 opinions

  1. United States v. Robert BolingerCourt of Appeals for the Ninth Circuit · 1991
  2. United States v. Jose Navarro-BotelloCourt of Appeals for the Ninth Circuit · 1990
  3. United States v. Joel D. Davis, (Two Cases)Court of Appeals for the Fourth Circuit · 1992

3Cited by21 opinions

  1. United States v. James BushertCourt of Appeals for the Eleventh Circuit · 1993
  2. United States v. Jomar Michlin, United States of America v. Rahsaan WalkerCourt of Appeals for the Ninth Circuit · 1994
  3. United States v. Angel TangCourt of Appeals for the Second Circuit · 2000
  4. United States v. Fulvio Desantiago-MartinezCourt of Appeals for the Ninth Circuit · 1994
  5. United States v. Noah Ryan RobinsonCourt of Appeals for the Seventh Circuit · 1993

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