Does a negotiated plea of guilty constitute an express waiver of the statutory right to appeal?

MultiRegion, United States of America

The following excerpt is from U.S. v. Haggard, 41 F.3d 1320 (9th Cir. 1994):

We review de novo the question of whether Haggard waived his statutory right to appeal. United States v. Bolinger, 940 F.2d 478, 479 (9th Cir.1991). "[A]n express waiver of the right to appeal in a negotiated plea of guilty is valid if knowingly and voluntarily made." Id. at 480. Haggard does not dispute that he expressly, knowingly, and voluntarily waived his right to appeal any sentence within the applicable Guidelines range.

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