US v. Lo, No. 15-10219 (10-05-16)(Ikuta
w/Clifton & Lamberth, D.J.). This appeal concerns an appeal waiver in a
fraud case and whether a restitution and forfeiture sentence was illegal and
therefore allowed appeal. The 9th
concluded that the plea to certain fraud counts covered restitution and that
forfeiture was of funds and was also covered. The waiver was enforceable.
This appeal has a very good summary of the law of appeal waivers, and the exceptions recognized.
This appeal has a very good summary of the law of appeal waivers, and the exceptions recognized.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/10/05/15-10219.pdf
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