What is the test for a knowing and voluntary waiver of a right to appeal?

MultiRegion, United States of America

The following excerpt is from United States v. Lewis, 17-3590-cr (2nd Cir. 2018):

"It is . . . well established that a knowing and voluntary waiver of the right to appeal is generally enforceable." United States v. Hernandez, 242 F.3d 110, 113 (2d Cir. 2001) (internal citation omitted). "[E]xceptions to the presumption of the enforceability of a waiver . . . occupy a very circumscribed area of our jurisprudence." United States v. Gomez-Perez, 215 F.3d 315, 319

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(2d Cir. 2000). One such exception is "where the waiver was not made knowingly, voluntarily, and competently." United States v. Burden, 860 F.3d 45, 51 (2d Cir. 2017) (internal citation and quotation marks omitted).

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