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Name: U.S. v. Bibler
Case #: 06-30375
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/04/2007
Subsequent History: amended by 486 F.3d 557
Summary

An appeal waiver is enforceable if appellant knowingly and voluntarily waives the appeal right and the language of the waiver covers the grounds raised on appeal. In the federal context, it will not apply if the guilty plea failed to comply with the federal rule; the sentencing judge informs the appellant that she retains the right to appeal; the sentence does not comport with the plea bargain; the sentence violates the law. Here appellant’s appeal claiming that the district court sentence failed to apply the safety valve statute was dismissed because she waived her right to appeal the sentence and no exception applied.