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Tag Archives: 4th U.S. Circuit Court of Appeals

Waiver did not prevent review of constitutionally infirm plea (access required)

An appeal waiver did not prevent the court from reviewing the defendant’s claim her plea was tainted by constitutional error. On the merits, however, the court agreed the relevant statute applied to the defendant’s admitted conduct. Background Mary Mooney pleaded ...

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Panel urges Fourth Circuit to revisit Massenburg (access required)

A defendant who was incorrectly informed about the potential sentence if he pleaded guilty, which the government conceded was plain error, nevertheless failed to demonstrate the admitted error affected his substantial rights under a binding Fourth Circuit decision that imposes ...

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