Kingston

MEMORANDUM **

Jason Kingston pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g) and 924(a)(2), and was sentenced accordingly. Kingston now appeals his sentence. We have jurisdiction under 28 U.S.C. § 1291 , and for the reasons set forth below we dismiss Kingston’s appeal. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Kingston expressly waived his right to appeal his sentence as part of a negotiated plea agreement with the government. 1 Thus, before we can accept Kingston’s appeal for consideration, Kingston must show that his waiver should not apply because it was not knowingly and voluntarily made. See United States v. Blitz, 151 F.3d 1002, 1006 (9th Cir.1998). This he cannot do.

The plea agreement signed by Kingston states that he was fully advised of all of the circumstances and terms surrounding his plea, including the negotiated waiver of appeal, and that he entered into the agreement of his own accord. Moreover, the section of the agreement dealing with waiver of appeal expressly states that Kingston knowingly waived his right to appeal. In the absence of any…