Wednesday, June 29, 2022

US v. David, No. 20-50274 (6-15-22)(Bumatay w/Bress & Gleason).  Fed R Crim P 11(b)(1)(N) requires the court to inform the defendant of any appellate waiver.  In particular, Rule 11 requires that the court must address the defendant personally in open court. In this appeal, the defendant argues the failure of the court to personally address, and inform, him of the waiver during his change of plea was cause to make the waiver unenforceable. Under plain error, the 9th upheld the waiver. The defendant was questioned about the plea, specifically told of the waiver, and the plea was voluntary and informed.



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