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SEP 16 2002
PATRICK FISHER
Clerk
No. 01-6264
(D.C. No. 01-CR-25-C)
(W.D. Oklahoma)
Defendant - Appellant.
ORDER AND JUDGMENT
BRORBY , Senior
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
See id. at 2.
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231 F.3d 709, 712 (10th Cir. 2000). Whether a defendants waiver was knowing
and voluntary is reviewed de novo.
record suggests defendants decision to enter into the plea agreement was
unknowing or involuntary. In addition, defendant does not argue or even suggest
he unknowingly or involuntarily entered into the plea agreement.
The plea agreement provides two exceptions to the waiver-of-appeal
provision. First, the agreement provides that defendant specifically does not
waive the right to appeal an upward departure from the sentencing guideline range
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Bobby R. Baldock
Circuit Judge
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