United States Ninth Circuit

Due to the district court's wholesale failure to comply with FRCP rule 11, defendant's waiver of appeal is unenforceable. Remanded because the district court did not expressly acknowledge its discretion to depart downward pursuant to U.S.S.G. section 5K2.0.

Appellate Information

• Decided 12/11/2003
• Published 12/11/2003

Judges

• Before:  KLEINFELD, WARDLAW, Circuit Judges, and POGUE, Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Christina M. Cabanillas, Deputy Chief, Appellate Section, United States Attorney's Office, Tucson, AZ, for the defendants-appellants., Peter M. Raptis, Assistant Federal Public Defender, Tucson, AZ, for the plaintiffs-appellees.