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Hunter v. United States · ¶127

The Rules Committee has recently addressed appeal waivers. In fact, it has paid close attention to them, advanced rules in this area, and declined to adopt a rule like the Court's. In 1996, the Rules Committee proposed what is now Federal Rule of Criminal Procedure 11(b)(1)(N), which requires district courts to explain appeal waivers to the defendant before accepting a plea agreement containing one. See N. King & M. O'Neill, Appeal Waivers and the Future of Sentencing Policy, 55 Duke L. J. 209, 222 (2005). Some immediately objected that such a rule would imply general acceptance of appeal waivers, which they opposed because of the risk that significant trial-judge errors would be shielded from review. Id., at 222–223. The Rules Committee approved the recommendation anyway, which this Court accepted and Congress allowed. Appeal waivers, now seemingly approved of by the Federal Rules,…
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