Although appeal waivers are difficult to overcome in appellate courts, the District Court's erroneously advising you that you have the right to appeal may be sufficient grounds for you to do so. If such is supported by the law in the circuit in which you were convicted and sentenced, any issue from sentencing may be raised in that appeal.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
You are represented by counsel. He has already consulted with you about your appeal. You should be asking him these questions. We, all lawyers, have an ethics code which prohibits us from discussing a case with a client when that client is already represented by an attorney. Besides, your attorney is in a much, much better position than any of us to answer your questions since he knows much, much more about your case than we do.
Cal. Bar No. 104800
Wis. Bar No. 1020123
Member: U.S. Supreme Court Bar
When I saw your question title, I was going to ask about the plea agreement.
However, seeing you already have appellate counsel, that is who you should be talking to.
Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm