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U.S. v. ERWIN

No. 13-3407.

765 F.3d 219 (2014)

UNITED STATES of America v. Christopher ERWIN, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 26, 2014.

Attorney(s) appearing for the Case

Jeffrey M. Brandt, Esq. , [Argued], Robinson & Brandt, Covington, KY, Attorney for Appellant.

Mark E. Coyne, Esq. , Office of United States Attorney, Newark, NJ, Norman Gross, Esq. , [Argued], Office of United States Attorney, Camden, NJ, Attorneys for Appellee.

Before: McKEE, Chief Judge, CHAGARES, and NYGAARD, Circuit Judges.

OPINION

CHAGARES, Circuit Judge.

This case presents the novel question of what remedy is available to the Government when a criminal defendant who knowingly and voluntarily executed a waiver of right to appeal — and received valuable promises from the Government in return — violates his plea agreement by filing an appeal. Christopher Erwin pleaded guilty to conspiracy to distribute and possess with intent to distribute oxycodone, in violation...

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