Federal Criminal Law attorneys often lament the lack of real bargaining power in plea agreements between the Government and Defendants in the Middle District of Florida - and in the case below the Southern District of Florida - often resulting in lopsided plea agreements with bloated provisions which require Defendants to waive their right to appeal among other unsavory actions. Usually, the result is catastrophic for an effective federal appeal should there be any subsequent sentencing issues in need of resoulution. In the case below the waiver of appeal in a Plea Agreement bites the Governments hand allowing the 11the Court of Appeals to reject the Government's attempt to increase the Defendant's sentence upon appeal.
United States v. Arthur Smith, No. 10–15044
Federal Crimes Trial Lawyer & Criminal Defense Attorney in Florida