DOJ Change On Waiver-Of-Appeal Policies Isn't Enough
Law360, New York (October 20, 2014, 10:07 AM EDT) -- Resolution by guilty plea has been and remains by far the most common disposition of criminal prosecutions. It has also become commonplace for United States Attorney's Offices around the country to insist that plea agreements contain provisions that hamper the ability of pleading defendants, and their lawyers, to advocate for a more favorable sentence. Prosecutors frequently demand stipulations to sentencing guidelines provisions with the intention of framing the starting-point sentencing range and, as a corollary, require the defendant to waive his right to seek a downward variance from that range. Another pernicious provision that prosecutors insist on including is a waiver of right to appeal. Even defendants misinformed by their attorney about important plea-related rights are thereby prevented from seeking appellate review....
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