Waiver of Appellate Rights Prevents Reversal of Error
In U.S. v. Bibler, the Ninth Circuit held that the defendant’s waiver of appellate rights as part of her plea agreement deprived the court of jurisdiction. Even though error in the sentence seems apparent, as the district court held, contrary to U.S. v. Cardenas-Juarez, 469 F.3d 1331 (9th Cir. 2006), that the safety valve exception to statutory minimums created by of 18 U.S.C. § 3553(f) did not apply post Booker, such error did not render the sentence illegal. The Court dismissed the appeal.
