Waiver of Appeal. Agreement by the family to waive the right to appeal, or to otherwise challenge in court, a court decision in connection with the lease.
Waiver of Appeal. A failure to submit an appeal within the above time limit shall be 43 construed as an agreement to the disciplinary action by the effected employee and Union. All 44 subsequent appeal rights shall be deemed waived. 45
Waiver of Appeal. Any Final Settlement Class Member who does not submit a valid objection to the Settlement waives any and all rights to appeal from the Final Approval Order and Judgment, including, but not limited to, all rights to any post-judgment proceeding and appellate proceeding such as a motion to vacate judgment, motion for new trial, and all extraordinary writs. This waiver does not include a waiver of the right to oppose any appeals, appellate proceedings or post-judgment proceedings, if any.
Waiver of Appeal. It is understood and agreed that the waiver of appeal of any breach of any term or condition of employment, by either party, shall not constitute a precedent in the future enforcement of all its terms and provisions.
Waiver of Appeal. Defendant, through its authorized representative, is aware that 18 U.S.C. § 3742 gives the right to appeal the sentence to be imposed, and that other federal statutes give a defendant the right to appeal other aspects of the conviction. In consideration of this Agreement with the United States as set forth herein, Defendant knowingly and voluntarily agrees to waive the following rights: (a) the right to appeal any aspect of Defendant’s convictions, including any pre- charge or pre-trial dispositions of motions or other issues; and (b) the right to bring any collateral attack, or any other writ or motion (except as it may relate to the effectiveness of its legal representation) that challenges Defendant’s convictions or sentences. Defendant understands that if it breaches this Agreement at any time by appealing or collaterally attacking the conviction or sentence in any way, the United States may prosecute Defendant for any counts that were dismissed or not charged pursuant to this Agreement.
Waiver of Appeal. Defendants ordinarily have a right to appeal their conviction and sentence (“Judgment”), unless otherwise agreed. Appeals are taken to the United States Court of Appeals for the Eighth Circuit, pursuant to Title 18, United States Code, Section 3742(a). The Court of Appeals has ruled that defendants can waive (give up) their right to appeal. Defendants often waive their right to appeal as part of a plea agreement and in exchange for concessions by the United States. Defendant understands that the government will seek to enforce such waivers. Defendant and Xxxxxxxxx’s attorney further acknowledge they have fully reviewed and fully discussed the record in this case and all issues that may be raised on appeal. They have fully discussed Defendant’s right of appeal and the consequences of waiver. Defendant has decided to waive any right of appeal, except as may be provided herein. By signing this Plea Agreement, Defendant voluntarily waives Defendant’s right to appeal the Court’s Judgment against Defendant; and, absent a claim of ineffective assistance of counsel, Defendant waives all rights to contest the Judgment in any post-conviction proceeding, including one pursuant to Title 28, United States Code, Section 2255. Defendant understands that the United States was motivated by Defendant’s willingness to waive any right of appeal when the United States chose to offer Defendant terms of a plea agreement. In other words, the United States was willing to offer certain terms favorable to Defendant in exchange for finality. Defendant understands and agrees this case will be over once Defendant has been sentenced by the Court. Defendant agrees that it will be a breach of this Agreement if Defendant appeals in violation of this Agreement. The United States will rely upon Defendant’s waiver and breach as a basis for dismissal of the appeal. Defendant agrees an appeal in violation of this Agreement should be dismissed. By signing this Plea Agreement, Defendant further specifically waives Defendant’s right to seek to withdraw Defendant’s plea of guilty, pursuant to Federal Rules of Criminal Procedure 11(d), once the plea has been entered in accordance with this Agreement. The appellate court will enforce such waivers. Defendant agrees that any attempt to withdraw Xxxxxxxxx’s plea will be denied and any appeal of such denial should be dismissed.
Waiver of Appeal. FOIA and Privacy Act Rights The defendant also understands that 18 U.S.C. § 3742 affords a defendant the right to appeal the sentence imposed. Nonetheless, the defendant knowingly waives the right to appeal the conviction and any sentence within the statutory maximum described above (or the manner in which that sentence was determined) on the grounds set forth in 18 U.S.C. § 3742 or on any ground whatsoever other than an ineffective assistance of counsel claim that is cognizable on direct appeal, in exchange for the concessions made by the United States in this plea agreement. This agreement does not affect the rights or obligations of the United States as set forth in 18 U.S.C. § 3742(b). The defendant also hereby waives all rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case, including without limitation any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act, 5 U.S.C. § 552a.
Waiver of Appeal. Subject to preliminary and final approval of this Settlement, each Party expressly waives its right to appeal.
Waiver of Appeal. Collateral Attack, FOIA and Privacy Act Rights The defendant also understands that 18 U.S.C. § 3742 affords a defendant the right to appeal the sentence imposed. Nonetheless, the defendant knowingly waives the right to appeal the conviction and any sentence within the statutory maximum described above (or the manner in which that sentence was determined) on the grounds set forth in 18 U.S.C. § 3742 or on any ground whatsoever, in exchange for the concessions made by the United States in this plea agreement. This agreement does not affect the rights or obligations of the United States as set forth in 18 U.S.C. § 3742(b). The defendant further waives its right to collaterally attack its guilty plea or the sentence imposed by any means, on any ground. The defendant also waives all rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case, including without limitation any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act, 5 U.S.C. § 552a.
Waiver of Appeal. Defendants and Representative Plaintiffs agree to waive all appeals arising out the approval of this Agreement and/or the entry of Judgment by the court.
