Brief filed: 12/19/2018
United States v. Courtade
4th Circuit Court of Appeals; Case No. 18-6150
2017 WL 6397105 (E.D. Va. Dec. 13, 2017)
The Supreme Court has long held that guilty pleas are not absolute, and plea agreement appeal waivers do not foreclose a claim of actual innocence. Courtade makes a claim of actual innocence that lies beyond the scope of the plea agreement appeal waiver. Prudential consideration support permitting a collateral attack in these circumstances despite the appeal waiver.
Jonathan L. Marcus, Paul M. Kerlin, Shekida Smith, Ryan Travers, and Jeongu Gim, Washington, DC; Elizabeth Franklin-Best, NACDL, Columbia, SC.lto, CA.