United States Third Circuit

A sentence for wire fraud which included a supervised-release condition requiring defendant to consent to a search of his place of business is affirmed where: 1) defendant's failure to address the applicability of his waiver, in a plea agreement, of his right to a direct appeal did not foreclose him from challenging the waiver's enforceability in his reply brief; but 2) the waiver in this case did encompass defendant's right to appeal the conditions of his supervised release, and defendant waived his appeal rights knowingly and voluntarily.

Appellate Information

• Decided 10/16/2008
• Published 10/16/2008

Judges

• Before:  RENDELL, SMITH, and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Karen S. Gerlach, Renee Pietropaolo, Office of Federal Public Defender, Pittsburgh, PA, Counsel for Appellant.


• For Appellees:
  
• Robert L. Eberhardt, Laura S. Irwin, Office of United States Attorney, Pittsburgh, PA, Counsel for Appellee.