United States v. Kenneth Spratt

Good Law
603 F. App'x 648
United States Court of Appeals for the Ninth CircuitMay 19, 201513-50254California281 words

Opinion

Opinion

MEMORANDUM

Kenneth Lamar Spratt pleaded guilty to conspiracy to distribute cocaine and marijuana in violation of 21 U.S.C. §§ 846 , 841(a)(1), and 841(b)(1)(B). We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 .

1. Spratt’s plea agreement contains a general waiver of his right to appeal his conviction and sentence. This waiver covers the grounds for this appeal, including Spratt’s appeal from the district court’s denial of his motion to withdraw his guilty plea, United States v. Rahman, 642 F.3d 1257, 1259 (9th Cir.2011), and Spratt’s challenges to his sentence.

2. “The record shows that [Spratt] ■waived his appellate rights knowingly and voluntarily,” United States v. Watson, 582 F.3d 974, 986 (9th Cir.2009), and we are satisfied that the district court complied with Rule 11 when it accepted Spratt’s guilty plea, United States v. Jeronimo, 398 F.3d 1149, 1154 (9th Cir.2005), overruled on other grounds by United States v. Castillo, 496 F.3d 947, 957 (9th Cir.2007) (en banc). And although the district court and the government made minor errors during the colloquy, those errors do not require reversal because they did not affect Spratt’s substantial rights. See…

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