United States v. Yongda Harris

MEMORANDUM

Yongda Huang Harris appeals his conviction and five-year sentence of probation following his guilty plea to making false statements in a customs declaration form, in violation of 18 U.S.C. § 1001 . We have jurisdiction under 28 U.S.C. § 1291 . We AFFIRM IN PART AND REMAND IN PART.

Harris may appeal his conviction despite indicating in his notice of appeal that he was appealing his “sentence only” because both parties fully briefed the matter. United States v. Littlefield, 105 F.3d 527, 528 (9th Cir.1997) (per curiam); United States v. Shin, 953 F.2d 559, 560-61 (9th Cir.1992). Any difficulty the government may have in re-prosecuting the case were we to reverse Harris’s conviction is speculative and would not be caused by Harris’s omission. Nor is this appeal barred by the appeal waiver in the plea agreement because the agreement specifically preserves Harris’s right to appeal on the ground that his plea was involuntary and the right to appeal the sentencing issues he now raises.

When Harris pled guilty to making a false statement, he was advised that it is a crime to willfully make a false statement, to do so deliberately and with knowledge that the statement is…