Defendants who agree in their plea agreements to waive the right to appeal their sentences also forfeit the right to appeal a denial of a motion to modify the conditions of supervised release under 18 U.S.C. 3583(e)(2), according to the Fifth Circuit. The court reasoned that because the conditions of supervised release are part of the original sentence, any appeal relating to those terms is foreclosed by an appeal waiver in a plea agreement. The Fifth Circuit's holding is at odds with those from the Tenth and Eleventh Circuits.
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Beware the appeal waiver
- Day Pitney LLP
- USA
- July 2 2012
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Audrey E Mross
Labor & Employment Attorney
Munck Carter LLP
