Hunter v. United States · ¶55
If plea bargaining on this scale and in this manner is a modern phenomenon, appeal waivers represent a more recent development yet. Pursuant to an appeal waiver, a defendant usually must agree to waive not only any right he may have to contest his conviction on appeal. See 28 U. S. C. § 1291; Class v. United States, 583 U. S. 174, 178–182 (2018). Typically, he must also agree to waive his right to appeal any sentence a district court might issue after accepting his guilty plea. See 18 U. S. C. § 3742. A defendant must do so even though he does not yet know what that sentence will be. And he must do so even while the government retains its right to appeal any decision it doesn't like. Forty years ago, appeal waivers like these “were rare or nonexistent.” A. Alschuler, Plea Bargaining and Mass Incarceration, 76 N. Y. U. Annual Survey of Am. Law 205, 226, and n. 146 (2021). Today, they are…Read in context ›
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