United States v. Lee

A district court's failure to comply with Federal Rules of Criminal Procedure 11(b)(1)(N), by failing to discuss the appeal waiver at the plea hearing, does not affect a defendant's substantial rights if the defendant still knowingly, intelligently, and voluntarily waived the right to appeal. The court explained that, to determine whether the defendant knowingly, intelligently, and voluntarily waived the right to appeal, the court of appeals must examine the entire record, including both the written plea agreement and the plea hearing. In this case, defendant knowingly, intelligently, and voluntarily waived the right to appeal his within-Guidelines sentence. Therefore, the district court's Rule 11(b)(1)(N) error at the plea hearing did not affect defendant's substantial rights and the court dismissed the appeal. View "United States v. Lee" on Justia Law