Legal Opinion
United States v. Juan Garcia-Lopez
Court of Appeals for the Ninth Circuit
Decided October 29, 2002No. 01-50334PublishedCited by 37 opinions
1Opinion of the Court
OPINION
SILVERMAN, Circuit Judge.
We hold today that even if a defendant has waived his right to appeal in a plea agreement, we may nevertheless hear the appeal when the government has expressly waived its right to assert the defendant’s waiver. In other words, the government can waive the waiver.
I. Background
Pursuant to a plea agreement, Garcia Lopez plead guilty to one count of transportation of illegal aliens, in violation of 8 U.S.C. § 1324(a)(l)(A)(ii). Section 11 of the plea agreement provided as follows:
DEFENDANT WAIVES APPEAL AND COLLATERAL ATTACK
In exchange for the Government’s…
2Cases cited9 opinions
- United States v. Gregory LewisCourt of Appeals for the Ninth Circuit · 1986
- Harrison Fagan v. Odie Washington, Warden, and Roland W. Burris, Attorney General of the State of IllinoisCourt of Appeals for the Seventh Circuit · 1991
- United States v. Alvin SchlesingerCourt of Appeals for the Ninth Circuit · 1995
- United States v. Grace A. AnglinCourt of Appeals for the Ninth Circuit · 2000
- United States v. John Doe, United States of America v. John DoeCourt of Appeals for the Ninth Circuit · 1995
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Naji Antoine Tokatly v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- United States v. Jacobo CastilloCourt of Appeals for the Ninth Circuit · 2007
- Norwood v. VanceCourt of Appeals for the Ninth Circuit · 2009
- United States v. David RiveraCourt of Appeals for the Ninth Circuit · 2012
- United States v. Lomando ScottCourt of Appeals for the Ninth Circuit · 2012
32 more not listed; retrieve them via the Exa API.