U.S. v. GARCIA-LOPEZ

No. 01-50334.

309 F.3d 1121 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Juan GARCIA-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2002.


Attorney(s) appearing for the Case

Robert L. Swain, San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Sanjay Bhandari, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before REINHARDT, TROTT and SILVERMAN, Circuit Judges.


OPINION

SILVERMAN, Circuit Judge.

We hold today that even if a defendant has waived his right to appeal in a plea agreement, we may nevertheless hear the appeal when the government has expressly waived its right to assert the defendant's waiver. In other words, the government can waive the waiver.

I. Background

Pursuant to a plea agreement, Garcia Lopez plead guilty to one count of transportation of illegal aliens, in violation of 8 U.S...

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