United States v. Ryan Bonneau

MEMORANDUM

Ryan Frank Bonneau appeals from the 26-month sentence imposed following his guilty-plea conviction for possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(D). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and vacate and remand in part.

The government contends that this appeal should be dismissed in light of the appeal waiver set forth in Bonnea’s plea agreement. We decline to reach that issue, and instead affirm on the merits. See United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir.2007) (en banc) (enforceable appeal waiver does not deprive this Court of jurisdiction).

Bonneau contends that the district court erred by denying Bonneau’s motion to withdraw his guilty plea. The district court did not abuse its discretion in denying Bonneau’s motion because Bonneau failed to show a fair and just reason for withdrawing his plea. See Fed.R.Crim.P. 11(d)(2)(B); United States v. Showalter, 569 F.3d 1150, 1154 (9th Cir.2009). Bonneau also contends that the district court erred by denying his motion for substitute counsel. To the extent this claim is not moot, the record shows that the…