Legal Opinion

United States v. James Bushert

Court of Appeals for the Eleventh Circuit

Decided August 4, 1993No. 91-3797PublishedCited by 381 opinions

1Opinion of the Court

KRAVITCH, Circuit Judge:

The validity of a waiver of the right to appeal a sentence, included in a plea agreement, is the primary issue in this case. Appellant James Bushert also appeals various other sentencing issues and the denial of his motion to withdraw his guilty plea. The government contends that the appeal as to his sentence should be denied because Bus-hert’s plea agreement included a waiver of his right to appeal his sentence. We hold that sentence appeal waivers, made knowingly and voluntarily, are enforceable. Nevertheless, we consider the merits of the sentencing claims in this…

2Cases cited48 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Jones v. BarnesSupreme Court of the United States · 1983
  5. Brady v. United StatesSupreme Court of the United States · 1970

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3Cited by381 opinions

  1. United States v. Ronald Keith BrownCourt of Appeals for the Eleventh Circuit · 2005
  2. United States v. TeeterCourt of Appeals for the First Circuit · 2001
  3. United States v. CockerhamCourt of Appeals for the Tenth Circuit · 2001
  4. United States v. Ricky A. CaruthersCourt of Appeals for the Sixth Circuit · 2006
  5. United States v. Frank E. ReadyCourt of Appeals for the Second Circuit · 1996

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