Does a defendant have a right to challenge his sentence in a plea agreement?
MultiRegion, United States of America
The following excerpt is from United States v. Malauulu, No. 2:15-cr-00124-KJM (E.D. Cal. 2020):
Amendment violation when 'in reality he is challenging the correctness of his sentence.'" (quoting United States v. Djelevic, 161 F.3d 104, 107 (2d Cir. 1998)).
In determining whether a defendant knowingly and voluntarily waived a right in a plea agreement, courts consider the "circumstances surrounding the signing and entry of the plea agreement . . . ." United States v. Lo, 839 F.3d 777, 783 (9th Cir. 2016) (citation and internal quotation marks omitted).
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