United States v. Jason David

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-50274 Plaintiff-Appellee, D.C. Nos. v. 2:20-cr-00122-RGK-1 2:20-cr-00122-RGK

JASON ERIC DAVID, AKA

Jason David, AKA Jason E. David, OPINION Defendant-Appellant.

Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding

Argued and Submitted February 16, 2022 Pasadena, California

Filed June 15, 2022

Before: Daniel A. Bress and Patrick J. Bumatay, Circuit Judges, and Sharon L. Gleason, * District Judge.

Opinion by Judge Bumatay

* The Honorable Sharon L. Gleason, United States District Judge for the District of Alaska, sitting by designation. SUMMARY **

Criminal Law

The panel affirmed a custodial sentence in a case in which the defendant argued on appeal that his appellate waiver is unenforceable because the district court violated Fed. R. Crim. P. 11(b)(1)(N), which provides that the district court must address the defendant personally and determine that the defendant understands the terms of…