United States v. Jonathan Wells
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-10451 Plaintiff-Appellee, D.C. No. v. 5:18-cr-00567-
LHK-
JONATHAN WELLS,
Defendant-Appellant. OPINION
Appeal from the United States District Court for the Northern District of California Lucy H. Koh, District Judge, Presiding
Argued and Submitted October 18, 2021 San Francisco, California
Filed March 22, 2022
Before: J. Clifford Wallace, Ronald M. Gould, and Carlos T. Bea, Circuit Judges.
Opinion by Judge Wallace; Dissent by Judge Bea SUMMARY *
Criminal Law
The panel dismissed in part an appeal from the district court’s judgment and order imposing sentence and conditions of supervised release, vacated the judgment in part, and remanded with instructions to the district court to clarify a special condition of supervised release to avoid a constitutional violation.
The panel wrote that because the language of the waiver of the right to appeal in the plea agreement is unambiguous, and the defendant knowingly and voluntarily waived the right to appeal, the panel was obligated to enforce the waiver…