Does a federal district court judge have a duty under Rule 32(a)(2) to advise a defendant of their right to appeal their sentence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Desantiago-Martinez, 38 F.3d 394 (9th Cir. 1992):

The district court judge also failed to carry out his duty under Rule 32(a)(2) to advise the defendant of his right to appeal the sentence. The language of Rule 32(a)(2) is unambiguous in its requirement that "[t]here shall be no duty on the court to advise the defendant of any right of appeal after sentence is imposed following a plea of guilty or nolo contendere, except that the court shall advise the defendant of any right to appeal the sentence" (emphasis added). Cf. Marrow v. United States, 772 F.2d 525, 528-29 (9th Cir.1985) (distinguishing the clear language requiring the judge to inform a defendant who has pleaded guilty of his right to appeal the sentence from the absence of any requirement to inform such a defendant of a right to attack the conviction itself). The court in Marrow construed the "plain language of the amendment ... to provid[e] that the judge shall advise the defendant of his right to appeal the sentence." Id. The plea agreement does not relieve the judge of this responsibility.

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