Federal Criminal Appeals: Appealing a Federal Sentencing
Waiver of Appeals
One of the most frequently asked questions, and issues on appeal, is whether a waiver of the rights to appeal at sentencing will prevent a client from appealing the Federal Criminal sentence.
The Answer is no, not always. Even where a defendant waives his/her rights to appeal at the plea or sentencing, he/she may still be able to appeal. Appellate Courts have typically held that waivers of rights to appeal are to be applied narrowly and construed strictly against the Government.
You may be able to appeal even if the right to appeal is waived, when the plea was not considered knowing and voluntary or if the sentence was not within the agreed-upon guidelines range or the merits of the sentence do not conform to the agreement or where the trial court made some procedural error in sentencing that can effect the validity of the waiver of one’s right to appeal. There are many reasons that the waiver of the right to appeal can be invalidated and the defendant may still have the right to appeal a federal criminal conviction.
Federal Sentencing: Common Issues on Appeal
- Rule 32 Factors
- § 3553 Factors
- § 5K2 and Adjustment of Offense Level
- Double Counting Points In The Offense Level
- Calculating The Offense Level When There Are Multiple Counts
- The Correct Criminal History Category
- Acceptance of Responsibility
- Grounds for Departure From The Sentencing Guidelines
- Procedure of an Appeal of Federal Sentencing