United States v. Daniel Davis

MEMORANDUM

Daniel Davis appeals the district court’s denial of his motion to withdraw his guilty plea. We dismiss Davis’s appeal for lack of jurisdiction.

I.

Davis waived the right to appeal any aspect of his conviction in the unambiguous terms of his plea agreement. United States v. Jeronimo, 398 F.3d 1149, 1152-53 (9th Cir.2005). “We have consistently read general waivers of the right to appeal to cover all appeals, even an appeal from the denial of a motion to withdraw a guilty plea.” United States v. Rahman, 642 F.3d 1257, 1259 (9th Cir.2011).

II.

The district court correctly denied Davis’s motion to withdraw his guilty plea as the product of coercion. After a review of the record and during a hearing on the motion, the court conducted “a more careful examination of the voluntariness of [Davis’s] plea,” because Davis alleged the government and his defense counsel threatened to have his family members prosecuted for obstruction of justice if he did not plead guilty. United States v. Costello, 724 F.2d 813, 815 (9th Cir.1984). The court learned, both from testimony and the parties’ Statement of Uncontested Facts, that (1) the government never threatened to pursue charges…