United States v. Claritza Natera

Good Law
615 F. App'x 459
United States Court of Appeals for the Ninth CircuitSeptember 2, 201514-30061California646 words

Opinion

Opinion

MEMORANDUM

Claritza Natera pled guilty to one count of conspiracy to commit international money laundering, in violation of 18 U.S.C. § 1956 (a)(2)(B)(h). Natera appeals, challenging the district court’s imposition of a forfeiture money judgment against her in the amount of $239,990, representing the aggregate sum of money that Natera and her co-conspirators laundered during the conspiracy. In Natera’s plea agreement, she “waive[d] without exception the right to appeal ... the sentence the Court imposes ... including forfeiture.” We have jurisdiction to determine whether the waiver is enforceable. See United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir.2007) (en banc). We conclude that it is, and dismiss the appeal.

An appeal waiver “is enforceable if (1) the language of the waiver encompasses the 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 Cir.2011) (internal quotation marks omitted). Here, both criteria are met. First, Natera’s appeal waiver expressly encompasses forfeiture. Second, Natera’s counsel conceded in the briefing and during oral argument that Natera’s appeal…

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