Waiver of Appeal and Collateral Attack defendant understands that the law gives the defendant a right to appeal his/her guilty plea, 26 conviction, and sentence. The defendant agrees as part of his/her plea/pleas, however, to give up the 27 right to appeal the guilty plea, conviction, and the sentence imposed in this case as xxxx as the sentence 28 does not exceed the statutory maximum(s) for the offense(s) to which he/she is pleading guilty. The 1 defendant specifically gives up the right to appeal any order of restitution the Court may impose.
Waiver of Appeal and Collateral Attack. 11 The defendant agrees that the law gives her a right to appeal her guilty plea, conviction, and
Waiver of Appeal and Collateral Attack. The defendant knowingly and voluntarily waives any right to appeal or collaterally attack any matter in connection with this prosecution, the defendant's conviction, or the components of the sentence to be imposed herein including the length and conditions of supervised release. The defendant is aware that Title 18, U.S.C. § 3742 affords a defendant the right to appeal the conviction and sentence imposed. By entering into this agreement, the defendant knowingly waives any right to appeal a sentence imposed which is within the guideline range determined appropriate by the court. The defendant also waives any right to challenge a sentence or otherwise attempt to modify or change his sentence or manner in which it was determined in any collateral attack, including, but not limited to, a motion brought under Title 28, U.S.C. § 2255 [except as limited by United States x. Xxxxxxxxx, 237 F.3d 1179, 1187 (10th Cir. 2001)], a motion brought under Title 18, U.S.C. § 3582(c)(2) and a motion brought under Fed. Rule of Civ. Pro 60(b). In other words, the defendant waives the right to appeal the sentence imposed in this case except to the extent, if any, the court departs upwards from the applicable sentencing guideline range determined by the court. However, if the United States exercises its right to appeal the sentence imposed as authorized by Title 18, U.S.C. § 3742(b), the defendant is released from this waiver and may appeal the sentence received as authorized by Title 18, U.S.C. § 3742(a). Notwithstanding the forgoing waivers, the parties understand that the defendant in no way waives any subsequent claims with regards to ineffective assistance of counsel or prosecutorial misconduct.
Waiver of Appeal and Collateral Attack. The Defendant is aware that 18 U.S.C. § 3742 and 28 U.S.C. § 2255 afford every defendant certain rights to contest a conviction and/or sentence. Acknowledging those rights, the Defendant, in exchange for the concessions made by the Government in this Plea Agreement, waives the right to contest the conviction in any direct appeal or other post-conviction action, including any proceedings under 28 U.S.C. § 2255. This waiver does not apply to claims of ineffective assistance of counsel, prosecutorial misconduct, or future changes in the law that affect the defendant’s sentence. This agreement does not affect the rights or obligations of the Government as set forth in 18 U.S.C. § 3742(b), nor does it limit the Government in its comments in or responses to any post-sentencing matters.
Waiver of Appeal and Collateral Attack. Xxxxxxx agrees to give up the right to appeal any sentence imposed by the Court, including any order of restitution, and the manner in which the sentence is determined, provided that the sentence is that agreed to in paragraph three (3) above. Xxxxxxx further agrees to waive her right to collaterally attack, pursuant to Title 28, United States Code, Section 2255, the judgment and any part of the sentence imposed upon me by the Court. Xxxxxxx understands that the United States Attorney's Office gives up its right to appeal any sentence imposed by the Court, including any order of restitution, and the manner in which the sentence is determined, provided that the sentence is that agreed to in paragraph three (3) above.
Waiver of Appeal and Collateral Attack defendant understands that the law gives the defendant a right to appeal her guilty plea, 12 conviction, and sentence. The defendant agrees as part of her plea, however, to give up the right to 13 appeal the guilty plea, conviction, and the sentence imposed in this case as xxxx as the sentence does not 14 exceed three years. The defendant understands that this waiver includes, but is not limited to, any and 15 all constitutional and/or legal challenges to the defendant’s conviction and guilty plea, including 16 arguments that the statutes to which defendant is pleading guilty are unconstitutional, and any and all 17 claims that the statement of facts attached to this agreement is insufficient to support the defendant’s 18 plea of guilty. The defendant specifically gives up the right to appeal any order of restitution the Court
Waiver of Appeal and Collateral Attack. 11 The defendant understands that the law gives the defendant a right to appeal his guilty plea, 12 conviction, and sentence. The defendant agrees as part of his pleas, however, to give up the right to 13 appeal the guilty plea, conviction, and the sentence imposed in this case as xxxx as the sentence does not 14 exceed the statutory maximums for the offenses to which he is pleading guilty. The defendant 15 understands that this waiver includes, but is not limited to, any and all constitutional and/or legal 16 challenges to the defendant’s conviction and guilty plea, including arguments that the statutes to which 17 defendant is pleading guilty are unconstitutional, and any and all claims that the statement of facts 18 attached to this agreement is insufficient to support the defendant’s plea of guilty. The defendant 19 specifically gives up the right to appeal any order of restitution the Court may impose.
Waiver of Appeal and Collateral Attack. The Defendant is aware that 18 U.S.C. § 3742 and 28 U.S.C. § 2255 afford every defendant certain rights to contest a conviction and/or sentence. Acknowledging those rights, the Defendant, in exchange for the concessions made by the Government in this Plea Agreement, waives the right to contest the conviction in any direct appeal or other post-conviction action, including any proceedings under 28 U.S.C. § 2255. This waiver does not apply to claims of ineffective assistance of counsel, prosecutorial misconduct, or future changes in the law that affect the defendant’s sentence. This agreement does not affect the rights or obligations of the Government as set forth in 18 U.S.C. § 3742(b), nor does it limit the Government in its comments in or responses to any post-sentencing matters.
