United States v. Jomar Michlin, United States of America v. Rahsaan Walker

Good Law
34 F.3d 896·94 Daily Journal DAR 12714·1994 WL 482562·1994 U.S. App. LEXIS 24249·94 Cal. Daily Op. Serv. 6919
United States Court of Appeals for the Ninth CircuitSeptember 8, 199493-10630, 93-10632California2,589 words

Opinion

Opinion

Fletcher, J.

Defendants Walker and Michlin pled guilty to conspiracy, armed bank robbery, and use of a firearm during commission of a crime of violence. On appeal, they challenge the district court’s denial of their motion to withdraw their guilty pleas, as well as various aspects of their sentences. We dismiss the appeals because we conclude that, pursuant to valid plea agreements, defendants waived their right to appeal.

BACKGROUND

On October 28, 1992, a federal grand jury returned a superseding indictment, charging Michlin and Walker with conspiracy ( 18 U.S.C. § 371 ), armed bank robbery ( 18 U.S.C. § 2113 (a) and (d)), and use of a firearm during and in relation to a crime of violence ( 18 U.S.C. § 924 (c)). Defendants pled not guilty, but shortly before trial executed plea agreements and appeared before the court to change their pleas. Defendants then pled guilty to all three counts. Under the plea agreement, the government agreed not to seek an upward departure at sentencing, and defendants agreed not to appeal their convictions or sentences, so long as the sentences fell within the Sentencing Guidelines range as determined by the district court.

On April 7, 1993, before sentencing,…

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