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U.S. v. NEWBERT

No. 07-1387.

504 F.3d 180 (2007)

UNITED STATES of America, Appellant, v. Winslow NEWBERT, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 11, 2007.

Attorney(s) appearing for the Case

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellant.

Richard L. Hartley for appellee.

Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

LYNCH, Circuit Judge.

In this case we decline to enforce a defendant's waiver of rights contained in a plea agreement.

It has become common for the prosecution to require that plea agreements which defendants enter contain a waiver of constitutional and statutory rights. The Supreme Court has, in specific contexts, upheld the practice. See, e.g., United States v. Ruiz, 536 U.S. 622<...

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