UNITED STATES v. BORDEN

Docket No. 19-4316-cr August Term, 2020.

16 F.4th 351 (2021)

UNITED STATES of America, Appellee, v. Derrick BORDEN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 26, 2021.


Attorney(s) appearing for the Case

Bruce R. Bryan , Manlius, NY, for Defendant-Appellant.

Oren Gleich , Assistant United States Attorney ( Amy Busa , Assistant United States Attorney, on the brief), for Breon S. Peace , United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee.

Before: POOLER, LOHIER, Circuit Judges, and KAPLAN, District Judge.


In this appeal we consider whether the Government broadly surrenders its right to enforce an appellate waiver provision in a plea agreement when it consents to a federal habeas proceeding that is otherwise barred by the provision. Derrick Borden, the appellant here, waived his right to appeal or otherwise challenge his convictions...

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