Hunter v. United States · ¶99

Congress has now provided defendants a path to seek appellate review of sentences if they so choose. A defendant “may fle a notice of appeal.” 18 U. S. C. § 3742(a) (emphasis added); see also 28 U. S. C. § 1291. But, the right to appeal “depends on assertion,” so the defendant can “forfei[t]” his right to appeal by declining to file one or can waive it expressly. United States v. Wenger, 58 F. 3d 280, 282 (CA7 1995). Because a criminal defendant's right to appeal is “a mere statutory . . . right” that he is free to not invoke at all, Bishop § 118, he plainly “may waive” it, Shutte, 15 Wall., at 159.

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