District court should inform defendant of right to appeal sentence only to extent defendant has not waived that right in plea agreement

APPEAL WAIVER/PLEA United States v. Smith, No. 06-3239, ___ F.3d ___ (10th Cir. Sep. 11, 2007)(Kansas). Appeal of sentence for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(iii). HELD: Defendant’s waiver of appeal rights contained in plea agreement is enforceable even when judge advises defendant she has right to appeal after entry and acceptance of plea. Nevertheless, when defendant waives certain appellate rights in plea agreement, district court need not, and should not, inform her that she retains such rights by, for example making blanket statement that defendant has right to appeal. Instead, district court should inform defendant that she has right to appeal sentence only to extent that defendant has not waived that right in plea agreement. Read the opinion here.