Appeal waiver provisions of plea agreement enforceable when added at plea hearing

SENTENCING/APPEAL/PLEA United States v. Novosel, No. 06-3251, ___ F.3d ___ (10th Cir. Apr. 12, 2007)(Kansas). Opinion dismissing defendant’s appeal by granting government’s motion to enforce appeal waiver provisions of plea agreement. HELD: While plea agreements are construed in light of general contract principles, so-called pre-existing duty rule, that past consideration is insufficient to support new contract modification, is disfavored rule that will not be applied in plea agreement context. Therefore, where government sought to add appeal waiver term to plea agreement at plea hearing without providing any additional concessions, and defendant unequivocally accepted additional term without reservation, plea agreement was not void for lack of new consideration. Read the opinion here.