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U.S. v. POLAK

No. 08-3381.

573 F.3d 428 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffry POLAK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 2009.

Attorney(s) appearing for the Case

Jonathan H. Koenig, Attorney (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Daniel W. Stiller, Federal Public Defender (argued), Federal Defender Services of Eastern Wisconsin, Incorporated, Milwaukee, WI, for Defendant-Appellant.

Before FLAUM, WILLIAMS, and TINDER, Circuit Judges.

WILLIAMS, Circuit Judge.

We are faced with an appeal based on a sentencing court's failure to fully adhere to the requirements of Rule 11 of the Federal Rules of Criminal Procedure. Jeffry Polak contends that because the district court failed to inquire about his knowledge of his plea agreement's appellate waiver before accepting his guilty plea, we must remand for resentencing. Although the district court's plea colloquy was deficient, we find that the totality of...

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