UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
UNITED STATES OF AMERICA §
V. § CR. NO. ______________________
___________________________ §
WAIVER OF APPEAL
The defendant _______________________, in the above styled and numbered cause, hereby
expressly waives the right to contest and/or appeal, either directly or collaterally, his/her guilty
plea, conviction, sentence, and/or detention by means of ANY post-conviction proceeding
whatsoever. Such waiver expressly includes, and Defendant expressly agrees not to file, ANY
DIRECT and/or COLLATERAL attacks on the validity of Defendant’s guilty plea, conviction,
sentence, and/or detention pursuant to any statute, law, procedure, or Constitutional provision
whatsoever, including, without limitation Title 18, U.S.C. § 3742 and Title 28, U.S.C. §2255.
Defendant is aware that Title 28, U.S.C. § 2255, affords the right to contest or “collaterally
attack” a conviction or sentence after the conviction or sentence has become final. Understanding
this, Defendant agrees to waive the right to “collaterally attack” his/her conviction and/or sentence
in any manner whatsoever, including Title 28, U.S.C. 2255. Defendant is also aware that Title 18,
U.S.C. § 3742 affords a defendant the right to appeal the sentence imposed and/or the manner in
which such sentence was determined. Understanding this, Defendant agrees to waive the right to
appeal the sentence imposed or the manner in which it was determined on any grounds whatsoever,
including, without limitation, those set forth in Title 18 U.S.C. § 3742.
The Defendant further waives all defenses based on venue, speedy trial under the
Constitution and Speedy Trial Act, and the statute of limitations with respect to any prosecution that
is not time barred on the date that this Agreement is signed, in the event that (a) Defendant’s
conviction is later vacated for any reason, (b) Defendant violates any provision of this Agreement,
or (c) Defendant’s plea is later withdrawn.
In exchange for this waiver of appeal, the United States will recommend a one (1) level
downward adjustment pursuant to the United States Sentencing Guidelines, Section 5K2.0.
SIGNED on this the _______ day of ___________________, _________.
______________________________
Defendant
TIM JOHNSON
United States Attorney
By: _____________________________ ________________________________
Assistant United States Attorney Attorney for Defendant
Southern District of Texas
