Wednesday, March 06, 2013

U.S. v. Brizan, No. 11-10449 (03-5-13) (Adelman (DJ ED Wi) with Tashima and Graber)
It has been awhile since we have seen published criminal opinions.  This one involves regret and remorse.  For the crime?  No, for entering into a plea for imprison.  Charged with a conspiracy to move a lot of cocaine, the defendant engaged in lengthy negotiations, and agreed to enter the plea.  After she did, she balked and tried to withdraw her plea.  The court denied her motion, and and she was sentenced to a downward variance of four months imprisonment (!).  On appeal, the 9th held that she had waived her right of appeal.  Her argument that she was forced to give up her Fifth Amendment right by pleading to a imprison of a felony.  Her reporting of the offense to gain a plea was not a constitutional violation that abrogated or excused the appeal waiver.


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