A guilty plea can still be vacated, even then. I doubt this one will be vacated; however, waiving any and all appeals does not mean a guilty plea can't be vacated. I've seen them vacated for denial of counsel and coersion before.
post sentence it can't be vacated. or 99% can't be. pre-sentence it can generally only be vacated if the judge doesn't accept the plea.
what coercion? you're guilty. we have evidence. you will go to jail for the rest of your treasonous life if you don't roll on the big guys. they aren't worth it.
now let's talk.
that isn't coercion.
I stated guilty pleas have been vacated due to coercion. First hit on google:
Fourth Circuit Vacates Guilty Plea Due to District Court Coercion
"On April 28, 2015, the Fourth Circuit issued a published opinion in the criminal case
United States v. Braxton. The Circuit Court held that
Fed. R. Crim. P. 11(c)(1) explicitly prohibits district courts from participating in discussions about plea agreements in any way. Because the United States District Court for the District of Maryland impermissibly made repeated comments about the benefits of accepting a guilty plea to Braxton just before he elected to plead guilty, the Fourth Circuit vacated the proceedings and remanded for further proceedings."
I stated guilty pleas have been vacated due to denial of counsel.
9th Circuit: Guilty plea convictions vacated for constructive denial of right to counsel
"9th Circuit: Guilty plea convictions vacated for constructive denial of right to counsel
...
The Ninth Circuit vacated Ms. Velazquez’s convictions. The court first held that the appeal waiver did not bar the appeal, because the constructive denial of Ms. Velazquez’s right to counsel rendered the waiver unenforceable. The court then found that all of the elements of a constructive denial were present. "
I stated I don't think THIS one will be vacated. I was only commenting that waiving appeals does not mean a guilty plea can't be vacated.
