Hunter v. United States · ¶69

Those principles may pose an independent problem for appeal waivers that purport to insulate sentencing errors from review. After all, and as the district court acknowledged in this very case, when defendants like Mr. Hunter sign plea agreements containing appeal waivers, “no one knows . . . what sentence the Court will impose.” App. 8–9. Given that, how can a defendant “know” and “fully understand” at the time he signs a plea agreement that a court might later order punishment that defes the Constitution, a federal statute, or this Court's precedents? Don't the parties generally expect that a sentencing court will act consistently with the rules of law then in force? Of course, district courts must discuss an appeal waiver's general implications with a defendant before accepting a plea agreement containing one. See Fed. Rule Crim. Proc. 11(b)(1)(N); App. 10–11. But the colloquy in this…

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.