United States v. Salvador Hernandez, Jr.

MEMORANDUM

The facts and procedural posture of this case are known to the parties, and we do not repeat them here. Appellant Salvador Orozco Hernandez, Jr. appeals his conviction by guilty plea for participation in a drug conspiracy and RICO conspiracy, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 1962 (d), respectively. We dismiss the appeal because Hernandez waived his right to appeal in the plea agreement he entered on November 28, 2011.

“[A] defendant’s waiver of his appellate rights is enforceable if (1) the language of the waiver encompasses his right to appeal on the grounds raised, and (2) the waiver is knowingly and voluntarily made.” United States v. Charles, 581 F.3d 927, 931 (9th Cir.2009) (quoting United States v. Jeronimo, 398 F.3d 1149, 1154 (9th Cir.2005)) (internal quotation marks omitted). Here, Hernandez signed a plea agreement in which he waived his right to appeal his conviction unless he based that appeal on a claim that his guilty plea was involuntary. Hernandez bases this appeal on his counsel’s alleged conflict of interest when counsel moved to withdraw Hernandez’s guilty plea.

Granted, Hernandez makes occasional references not supported by evidence…