United States v. Dacota Rogers

MEMORANDUM

Dacota Rogers appeals a 224-month sentence imposed following his guilty plea to distribution of fentanyl, in violation of 21 U.S.C. § 841 (a). Rogers and the government entered into a plea agreement whereby Rogers agreed to plead guilty to the fentanyl distribution charge, which carried a maximum 20-year sentence, and waive his right to appeal. In exchange, the government agreed to dismiss a separate charge of distribution of fentanyl resulting in death pursuant to 21 U.S.C. §§ 841 (a) & 841(b)(1)(C), which carried a mandatory minimum 20-year sentence, and not to file an information under 21 U.S.C. § 851 based on the defendant’s pri- or drug conviction, which would have subjected Rogers to mandatory life imprisonment. The plea agreement did not contain an agreed-upon sentencing range. Because we conclude the appeal waiver is enforceable, we dismiss this appeal for lack of jurisdiction.

1. An appeal waiver is enforceable “if appellant knowingly and voluntarily waives [his] rights and the language of the waiver covers the grounds raised on appeal.” United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir.2007). Here, Rogers does not dispute that his waiver was knowing or…