United States v. Robert Ergonis

MEMORANDUM

Robert Ergonis pleaded guilty to making a false statement to law enforcement agents and conspiracy to possess with intent to distribute marijuana. Despite a negotiated plea agreement in which he waived the right to appeal, Ergonis challenges his 125-month sentence, arguing that the district court erred in calculating his criminal history category and in declining to downwardly depart. Ergonis also moves for a remand for application of a recent amendment to the Sentencing Guidelines; We dismiss the appeal and deny the motion without prejudice to filing an appropriate motion in the district court.

1. This court must dismiss an appeal when there is a valid and enforceable waiver of the right to appeal. See United States v. Vences, 169 F.3d 611, 613 (9th Cir.1999). Plea agreements are “contractual in nature and subject to contract-law standards.” United States v. Sandoval-Lopez, 122 F.3d 797, 800 (9th Cir.1997). Whether an appellant has waived the right to appeal is a question of law reviewed de novo. United States v. Joyce, 357 F.3d 921, 922 (9th Cir.2004).

2. The plea agreement plainly and unambiguously waived the right to appeal any sentence within the Guidelines…