United States v. Ramin Bibian

MEMORANDUM

Ramin Bibian pleaded guilty to knowingly transferring false identification documents in violation of 18 U.S.C. § 1028 . Bibian appeals from the district court’s order denying his motion to strike or reform his plea agreement. Because we conclude that Bibian knowingly and voluntari ly waived his right to appeal, we dismiss for lack of jurisdiction.

Bibian argues that his appellate waiver was unknowing, and is thus unenforceable, because, he contends, the criminal forfeiture amount in his plea agreement is ambiguous and resulted from the parties’ mutual mistake. He points out that paragraph 11 of his plea agreement specifies criminal earnings of $1.9 million and a forfeiture amount of $1.9 million, while paragraph 2 indicates a range of criminal earnings between $1 million and $1.9 million. He argues that he did not intend to consent to the, $1.9 million forfeiture judgment that the district court entered.

We will enforce a defendant’s appellate waiver in his plea agreement 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. Rahman, 642 F.3d 1257, 1259 (9th…