Common use of Waiver of Appeal and Collateral Attack Clause in Contracts

Waiver of Appeal and Collateral Attack. The defendant knowingly and voluntarily waives any right to appeal or collaterally attack any matter in connection with this prosecution, his conviction, or the components of the sentence to be imposed herein, including the length and conditions of supervised release, as well as any sentence imposed upon a revocation of supervised release. The defendant is aware that 18 U.S.C. § 3742 affords him the right to appeal the conviction and sentence imposed. By entering into this agreement, the defendant knowingly waives any right to appeal a sentence imposed in accordance with the sentence recommended by the parties under Rule 11(c)(1)(C). The defendant also waives any right to challenge his sentence, or the manner in which it was determined, or otherwise attempt to modify or change his sentence, in any collateral attack, including, but not limited to, a motion brought under 28 U.S.C. § 2255 (except as limited by United States ▇. ▇▇▇▇▇▇▇▇▇, 237 F.3d 1179, 1187 (10th Cir. 2001)), or a motion brought under Federal Rule of Civil Procedure 60(b). In other words, the defendant waives the right to appeal the sentence imposed in this case, except to the extent, if any, the Court imposes a sentence in excess of the sentence recommended by the parties under Rule 11(c)(1)(C). However, if the United States exercises its right to appeal the sentence imposed, as authorized by 18 U.S.C. § 3742(b), the defendant is released from this waiver and may appeal the sentence received, as authorized by 18 U.S.C. § 3742(a). Notwithstanding the forgoing waivers, the parties understand that the defendant in no way waives any subsequent claims with regards to ineffective assistance of counsel or prosecutorial misconduct.

Waiver of Appeal and Collateral Attack. The defendant knowingly and voluntarily waives any right to appeal or collaterally attack any matter in connection with this prosecution, his the defendant's conviction, or the components of the sentence to be imposed herein, herein including the length and conditions of supervised release, as well as any sentence imposed upon a revocation of supervised release. The defendant is aware that 18 Title 18, U.S.C. § 3742 affords him a defendant the right to appeal the conviction and sentence imposed. By entering into this agreement, the defendant knowingly waives any right to appeal a sentence imposed in accordance with which is within the sentence recommended guideline range determined appropriate by the parties under Rule 11(c)(1)(C)court. The defendant also waives any right to challenge his sentence, or the manner in which it was determined, a sentence or otherwise attempt to modify or change his sentence, sentence or manner in which it was determined in any collateral attack, including, but not limited to, a motion brought under 28 Title 28, U.S.C. § 2255 ([except as limited by United States ▇. ▇▇▇▇▇▇▇▇▇, 237 F.3d 1179, 1187 (10th Cir. 2001))], or a motion brought under Federal Title 18, U.S.C. § 3582(c)(2) and a motion brought under Fed. Rule of Civil Procedure Civ. Pro 60(b). In other words, the defendant waives the right to appeal the sentence imposed in this case, case except to the extent, if any, the Court imposes a sentence in excess of court departs upwards from the sentence recommended applicable sentencing guideline range determined by the parties under Rule 11(c)(1)(C)court. However, if the United States exercises its right to appeal the sentence imposed, imposed as authorized by 18 Title 18, U.S.C. § 3742(b), the defendant is released from this waiver and may appeal the sentence received, received as authorized by 18 Title 18, U.S.C. § 3742(a). Notwithstanding the forgoing waivers, the parties understand that the defendant in no way waives any subsequent claims with regards to ineffective assistance of counsel or prosecutorial misconduct.