Applicability of Appeal Waiver Depends on Whether Court Accepted Agreement

U.S. v. Doe, 2007 WL 1560141 (5/31/07)(unpub'd) - To determine whether the defendant had waived his appeal, the 10th remands for the d.ct.'s clarification as to whether it rejected the plea agreement, which included an appeal waiver. At the beginning of the sentencing hearing, the d.ct. explicitly deferred ruling on whether to accept the plea agreement, and the d.ct. later rejected the government's 5K1.1 motion, which was a critical part of the plea agreement, on the grounds that it did not think the defendant would live up to his agreement to cooperate.