Hunter v. United States · ¶103

The defendant remains bound even though he cannot know exactly what his sentence will be when he signs his waiver. When the defendant knowingly agrees to waive his appeal right, his waiver is knowing precisely because he is made aware of the uncertainty. See Fed. Rule Crim. Proc. 11(b)(1) (requiring the court to ensure the defendant “understands” the appeal waiver and the variability of the possible sentence). Many other waivers entail similar uncertainties. For instance, every plea agreement waives the right to trial. And, defendants remain bound by their plea even when later developments could lead them to regret their waiver in retrospect. See Brady v. United States, 397 U. S. 742, 756–757 (1970) (holding that guilty pleas are enforceable even after a favorable change in law); United States v. Ruiz, 536 U. S. 622, 629–630 (2002) (holding that guilty pleas are enforceable even after…

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