United States v. Walter Ramirez

MEMORANDUM

Pursuant to a written plea agreement, Defendant-Appellant Walter Ramirez (“Ramirez”) pleaded guilty to a charge of conspiring to commit racketeering offenses. The district court imposed a sentence of 108 months’ imprisonment, followed by three years of supervised release, and a special assessment of $100. Ramirez appeals his sentence.

Ramirez’s plea bargain includes an appellate waiver provision waiving any sentencing appeal, so long as the sentence imposed: (1) is within the statutory maximum and is constitutional; and (2) is within or below the Guidelines range corresponding to a total offense level of 29, and the applicable criminal history category as determined by the Court. He also retained the right to appeal certain conditions of supervised release.

“Whether an appellant has waived [his] right to appeal is reviewed de novo.” United States v. Bibler, 495 F.3d 621, 628 (9th Cir.2007). “The waiver is enforceable if appellant knowingly and voluntarily waives [his] rights and the language of the waiver covers the grounds raised on appeal.” Id. at 623-24 . However, “[a]n appeal waiver will not apply if: 1) a defendant’s guilty plea failed to comply with…