U.S. v. NAVARRO-BOTELLO

No. 89-50221.

912 F.2d 318 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jose NAVARRO-BOTELLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1990.

As Amended October 12, 1990.


Attorney(s) appearing for the Case

Kenneth D. Noel, San Diego, Cal., Gerald McFadden, Salana Beach, Cal., for defendant-appellant.

Judith S. Feigin, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HUG, BEEZER and NOONAN, Circuit Judges.


HUG, Circuit Judge:

The issue in this case is whether a defendant's waiver of his right to appeal a sentence as part of a negotiated plea agreement violates due process or public policy. We hold that if the waiver is made voluntarily and knowingly, it is enforceable and does not violate due process or public policy. Accordingly, because appellant Jose Navarro-Botello voluntarily and knowingly waived his right to appeal his sentence as part of his plea agreement, his...

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