Wednesday, October 05, 2016

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.

The decision is here:


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