Mueller

United States v. Mueller

Good Law
11 F. App'x 707
United States Court of Appeals for the Ninth CircuitJanuary 4, 2001No. 00-10012; D.C. No. CR-98-00249-1-MJJCalifornia387 words

Opinion

Lead Opinion

MEMORANDUM

We dismiss this appeal because Mueller waived his right to appeal as part of a valid plea agreement.

An express waiver of appeal is valid if the guilty plea is knowingly and voluntarily made. 3 This court looks “to circumstances surrounding the signing and entry of the plea agreement to determine whether the defendant agreed to its terms knowingly and voluntarily.”

The circumstances surrounding the signing and entry of Mueller’s plea agreement demonstrate that it was knowingly and voluntarily made. Mueller, a 34-year-old college graduate, signed the written agreement, signed a separate agree *708 ment stating that he read and understood the plea agreement, and stated during the Rule 11 colloquy that he understood the agreement. 5 Moreover, his attorney both signed an affirmation stating that his client reviewed and understood the agreement, and represented to the court at the Rule 11 hearing that Mueller understood the plea.

Mueller’s argument that he got nothing in exchange for his extensive promises defies the facts. Mueller extracted a valuable promise from the government. The government agreed to “not file any other charges against [Mueller] for acts it…

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