Federal Prosecutors May No Longer Be Able to Demand Blanket Appeal Waivers

Federal Prosecutors May No Longer Be Able to Demand Blanket Appeal Waivers

Two weeks ago we posted here about a recent, fairly awful Third Circuit decision, United States v. Erwin, upholding boilerplate waiver-of-appeal clauses to the point of punishing a wayward appellant — who took a sentencing appeal in apparent violation of his waiver agreement — by setting his case down for resentencing and releasing the Government from its obligation to file a downward departure motion for cooperation.