Jeronimo

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-30394 Plaintiff-Appellee, D.C. No. v.  CR-02-60067-1-

PASCUAL DIONICIO JERONIMO, MRH

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Oregon Michael R. Hogan, Chief District Judge, Presiding

Argued and Submitted September 13, 2004—Portland, Oregon

Filed February 23, 2005

Before: J. Clifford Wallace, Ronald M. Gould, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Gould; Dissent by Judge Berzon

2087 2090 UNITED STATES v. JERONIMO

COUNSEL

Richard L. Fredericks, Eugene, Oregon, for the defendant- appellant.

Karin J. Immergut, United States Attorney, District of Ore- gon, and Frank R. Papagni, Jr., Assistant United States Attor- ney, District of Oregon, for the plaintiff-appellee.

OPINION

GOULD, Circuit Judge:

We consider whether a plea agreement is enforceable and effectively waives the right of appeal. We conclude that we are without jurisdiction to assess the merits of this direct appeal.

I

In July 2002, Pascual Dionicio…