What is the test for a waiver of a defendant's right to appeal their sentence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Ready, 82 F.3d 551 (2nd Cir. 1996):

Accordingly, we must scrutinize waivers closely and apply them narrowly. To this end, we use two familiar mechanisms. First, we assure that the waiver of this important right is knowing and voluntary. See United States v. Robinson, 8 F.3d 418, 421 (7th Cir.1993); see also Yemitan, 70 F.3d at 747 (defendant conceded waiver was knowing and voluntary). Second, we construe the terms of a plea agreement narrowly, using applicable principles of contract law. See Yemitan, 70 F.3d at 747. On both grounds, we hold that Ready did not waive his right to take this appeal.

In plea agreements, "[w]aivers of constitutional rights not only must be voluntary but must be knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences." Brady v. United States, 397 U.S. 742, 748, 90 S.Ct. 1463, 1469, 25 L.Ed.2d 747 (1970). Every circuit to consider the issue has concluded that waivers of the right to appeal a sentence, like waivers of constitutional rights, are invalid unless they are voluntary and knowing. 2 Schmidt, 47 F.3d at 190 (7th

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