United States Ninth Circuit

Even if a defendant has waived his right to appeal in a plea agreement, an appeals court may nevertheless hear a defense appeal when the government has expressly waived its right to assert the defendant's waiver.

Appellate Information

• Decided 10/29/2002
• Published 10/29/2002

Judges

• Before REINHARDT, TROTT and SILVERMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Robert L. Swain, San Diego, CA, for the defendant-appellant., Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Sanjay Bhandari, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.