Judge’s explanation of plea agreement’s appeal waiver provisions may create ambiguity as to whether waiver is knowing and voluntary

SENTENCING/APPEAL WAIVER United States v. Wilken, No. 06-4042, ___ F.3d ___ (10th Cir. Aug. 21, 2007)(Utah). Appeal of sentence for possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. HELD: Defendant did not waive right to appeal sentence, despite explicit waiver in plea agreement, because statements made by district court judge during defendant’s plea colloquy created ambiguity as to whether waiver was knowing and voluntary. Read the opinion here.