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United States Sixth Circuit


US v. Luebbert, 03-5598

A waiver of appeal provision in a plea agreement, which exempts any sentence above the "statutory maximum" from waiver, does effectively waive appeal of violations under US v. Booker, 125 S.Ct. 738 (2005).

Appellate Information

  • Decided 06/01/2005
  • Published 06/01/2005

Judges

  • Before:  MERRITT and MOORE, Circuit Judges;  DUGGAN, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Nikki C. Pierce, Federal Defender Services of Eastern Tennessee, Greeneville, Tennessee, for Appellant.

  • For Appellees:
  • Christopher D. Poole, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.
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