Judge Roettger had it right all along

 By David Oscar Markus

Remember Judge Roettger? The handle bar mustache.  The gun on his ankle.  The tough time understanding his rulings from the bench...

He also *hated* appellate waivers. 

He would not accept them.

He asked AUSAs whether they worked for the Department of Justice or Injustice.

He was one of a kind.

And he was right. 

The Supreme Court, 8-1, held last week: An agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice — meaning, when it would leave in place the kind of egregious error that would bring the judicial system into disrepute.

From SCOTUSblog:

In Hunter v. United States the Supreme Court held that a federal defendant’s waiver of appellate review is unenforceable if it would result in a miscarriage of justice. Although the court did not decide whether enforcing the defendant’s appellate waiver in his case would constitute a miscarriage of justice, the majority described the circumstances where this standard would be met as “rare” and involving “extreme cases,” and the court described in general terms three examples that would constitute a miscarriage of justice while also outlining some common circumstances where a knowing and voluntary appellate waiver would be enforceable.