United States v. Jose Navarro-Botello

The issue in this case is whether a defendant’s waiver of his right to appeal a sentence as part of a negotiated plea agreement violates due process or public policy. We hold that if the waiver is made voluntarily and knowingly, it is enforceable and does not violate due process or public policy. Accordingly, because appellant Jose Navarro-Botello voluntarily and knowingly waived his right to appeal his sentence as part of his plea agreement, his waiver is enforceable. Therefore, we affirm the district court.

I. Facts

On September 15, 1988, Navarro-Botello drove to the San Ysidro Port of Entry from Mexico. Although Navarro-Botello claimed to be transporting tools, the customs inspector noticed that Navarro-Botel-lo’s spare tire compartment was covered with a rug smelling of perfume. Navarro-Botello was sent to a second inspector, who found approximately 70 pounds of marijuana hidden behind the driver’s seat.

On September 28, 1988, the Government filed a two-count indictment in United States District Court for the Southern District of California. Navarro-Botello was charged in counts 1 and 2, respectively, with importation and possession with intent to distribute 71 pounds of…