United States v. Karen Berry

MEMORANDUM

Karen Denise Berry appeals from the 72-month sentence imposed following her guilty-plea conviction for conspiracy to defraud the United States, in violation of 18 U.S.C. § 371 , aiding and assisting in the preparation of false income tax returns, in violation of 26 U.S.C. § 7206 (2), and willful filing of a false income tax return, in violation of 26 U.S.C. § 7206 (1). We have jurisdiction under 28 U.S.C. § 1291 , and we dismiss.

Berry pleaded guilty pursuant to a written agreement that included an appeal waiver. She contends that the appeal waiver is not enforceable because: (1) the district court orally advised her that she had ten days to file a notice of appeal; (2) her sentence violated the law; (3) she was not sentenced in conformity with the plea agreement; and (4) the plea colloquy was inadequate due to the district court’s failure to comply with the requirements of Federal Rule of Criminal Procedure 11(c)(3)(B).

Each of these contentions lack merit. The district court’s advisement to Berry that she had ten days to file a written notice of appeal did not invalidate the waiver provision. See United States v. Buchanan, 59 F.3d 914, 917-918 (9th Cir.1995);…