What is the test for determining whether a criminal defendant has waived his right to appeal his sentence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Angulo-Feliz, 114 F.3d 1196 (9th Cir. 1997):

1 We review de novo whether a criminal defendant has waived the right to appeal his or her sentence. United States v. Khaton, 40 F.3d 309, 311 (9th Cir.1994).

2 We review for clear error the district court's factual determination whether a particular defendant is eligible for the safety-valve provision. United States v. Ajugwo, 82 F.3d 925, 929 (9th Cir.1996), cert. denied, 117 S.Ct. 742 (1997).

3 We review for abuse of discretion the district court's decision whether to hold an evidentiary hearing. United States v. Montoya, 45 F.3d 1286, 1291 (9th Cir.1995).

4 We review for abuse of discretion a district court's decision whether to grant a continuance. United States v. Wills, 88 F.3d 704, 711 (9th Cir.), cert. denied, 117 S.Ct. 499 (1996).

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