United States v. Lonnie Vernon

MEMORANDUM

Lonnie G. Vernon appeals his conviction for conspiracy to murder a federal judge and an IRS employee, claiming his plea agreement was involuntarily rendered. We dismiss his appeal.

The government argues that Vernon waived all rights to directly appeal his conviction. “This court regularly enforces ‘knowing and voluntary’ waivers of appellate rights in criminal cases.... ” United States v. Anglin, 215 F.3d 1064, 1066 (9th Cir. 2000). Two conditions, however, must be met: “(1) the language of the waiver encompasses [the defendant’s] right to appeal on the grounds raised, and (2) the waiver is knowingly and voluntarily made.” United States v. Jeronimo, 398 F.3d 1149, 1153 (9th Cir. 2005), overruled on other grounds by United States v. Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en banc).

As to the first issue, the waiver in Vernon’s plea agreement clearly encompasses this appeal. The agreement has two separate waiver sections, one for Appellate Rights and one for Collateral Attack Rights. In the Appellate Rights section, the agreement provides: “The defendant waives the right to appeal the conviction resulting from the entry of guilty plea to the charge set forth in…