U.S. v. Manning

Motions judge from Ct. of Appeals deferred to merits panel govt.’s motion to dismiss defendant’s appeal as being frivolous, where govt. claimed in motion that defendant had waived instant appeal by entering into guilty plea. Appeal waiver in plea agreement does not deprive appellate court of jurisdiction to consider its own jurisdiction over case, and govt.’s motion would not necessarily expedite resolution of appeal, where defendant’s appointed counsel has opportunity to mount non-frivolous argument that waiver does not apply. Accordingly, where defendant has not filed his merits brief, govt. should have merely filed notice of intent to file motion to dismiss so as to allow appointed counsel to review issue with defendant to determine whether or not he wished to proceed with appeal while keeping original briefing schedule intact.