waiver of appellate rights

US V. HUDSON (U.S. 10th Circuit) -
Regardless of whether a defendant's waiver of appellate rights via a plea agreement would otherwise be enforceable, he cannot be deemed to have waived his right to appeal the legality of a court's restitution order. A restitution order imposed following defendant's plea to conspiracy to infringe a copyright is reversed where the government failed to prove that the copyright holder, Microsoft, suffered any actual loss and, consequently, no restitution should have been ordered.