Hunter v. United States · ¶16

Before getting to that issue, though, we pause to address the more case-specific argument Hunter makes for allowing him to appeal: that at his sentencing hearing, the District Court said he could, and the Government did not object. If that alone were enough to negate a knowing and voluntary appeal waiver, Hunter could bring his appeal regardless of our resolution of the just-described Circuit split. But it is not enough: Contrary to Hunter's arguments, the court's remark did not modify the plea agreement, nor did the Government's failure to object give up its ability to later enforce the agreement's terms.

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