Does a defendant who has pleaded guilty to a crime set out in a new statute that he now challenges for vagueness and overbreadth?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sandsness, 988 F.2d 970 (9th Cir. 1993):

Defendant has already pleaded guilty to the crime set out in the statute that he now challenges for vagueness and overbreadth. 1 While a guilty plea waives all nonjurisdictional defects and fact issues, it does not bar constitutional challenges. United States v. Broncheau, 597 F.2d 1260, 1262 n. 1 (9th Cir.), cert. denied, 444 U.S. 859, 100 S.Ct. 123, 62 L.Ed.2d 80 (1979); see also United States v. Burke, 694 F.2d 632, 634 (9th Cir.1982). Matters of law are reviewed de novo. United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc), cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984).

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