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>> the defendant knowingly waives the right to appeal the conviction and any sentence > within the maximum described above [of 15 years] ... in exchange for the
by ryanlol 11y ago
>> the defendant knowingly waives the right to appeal the conviction and any sentence > within the maximum described above [of 15 years] ... in exchange for the concessions > made by the United States
>Maybe I'm missing something, but the only concession made by the United States in the "plea agreement" sees to be a vague promise not to prosecute the defendant again. Given that the government should already have this restriction thanks to the Fifth Amendment's double jeopardy clause, is this even a concession by the government?
Seems to me like the government concedes that they wont demand a higher sentence than agreed to.
>> The defendant agrees to forfeit all interests in any terrorism-related asset that > the defendant owns or over which the defendant exercises control, directly or indirectly, > as well as any property that is traceable to, derived from, fungible with, or a substitute for > property ... involved in the offense.
>That could be almost anything.
That's what he agreed to, why does it matter? And in any case it's not very broad, it's just stuff related to the crime.
> ... including that the forfeiture constitutes an excessive fine or punishment.
>How is it even legal?
Why not? That essentially means that he agrees that the punishment isn't excessive.