Hunter v. United States · ¶22

The answer stems from the special, and indeed pivotal, role of the judiciary in approving and implementing appeal waivers. Such a provision, of course, is part of the bargain struck by a defendant and prosecutor, without judicial involvement. See Fed. Rule Crim. Proc. 11(c)(1). But the district court must accept the plea agreement, including any appeal waiver, before it can go into effect. See Rule 11(c)(3)(A) (“[T]he court may accept the agreement, reject it, or defer a decision”). And that decision is one given over to “sound judicial discretion.” Santobello v. New York, 404 U. S. 257, 262 (1971); see Advisory Committee's Notes on 1974 Amendment to Fed. Rule Crim. Proc. 11, 18 U. S. C. App., p. 53 (“[T]he acceptance or rejection of a plea agreement” is “left to the discretion of the individual trial judge”). If thus approved, an appeal waiver next falls into the lap of a court of…

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