Saturday, November 17, 2012

PC World

United States v. Harrison, No. 11-1240-cr (2d Cir. November 6, 2012) (Cabranes, Chin, Carney, CJJ) (per curiam)

The court's latest per curiam opinion holds that the appellate waiver provision of the standard Southern District plea agreement is enforceable, even in the wake of Dorsey v. United States, 132 S.Ct. 2321 (2012). Thus, although the defendant was sentenced to a 120-month mandatory minimum when, per Dorsey, his minimum should have been lower, he validly waived his right to appeal the sentence.


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