United States v. Newbert

LYNCH, Circuit Judge.

In this case we decline to enforce a defendant’s waiver of rights contained in a plea agreement.

It has become common for the prosecution to require that plea agreements which *182defendants enter contain a waiver of constitutional and statutory rights. The Supreme Court has, in specific contexts, upheld the practice. See, e.g., United States v. Ruiz, 536 U.S. 622, 629-33, 122 S.Ct. 2450, 153 L.Ed.2d 586 (2002) (defendant can waive right to government’s required disclosure of evidence related to any affirmative defense or impeachment of witnesses); United States v. Mezzanatto,…