Legal Opinion · Dissent

United States v. 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this same (or functionally equivalent) plea agreement language, from the same United States Attorney’s Office, in eight unpublished opinions.1 In at least five of those cases, the court held that this caveat is ambiguous and thus renders the waiver unenforceable absent sufficient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 mag-ístrate judge.2…

2Cases cited35 opinions

  1. Edwards v. ArizonaSupreme Court of the United States · 1981
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Moran v. BurbineSupreme Court of the United States · 1986
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Johnson v. United StatesSupreme Court of the United States · 2010

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