United States v. Soon Oh Kwon

MEMORANDUM **

In these consolidated appeals, Appellants Soon Oh Kwon (“S. Kwon”), Mo Young Kwon (“M. Kwon”), and Ying Yu Meng (“Meng”) appeal their respective sentences imposed following their guilty pleas. We have jurisdiction under 28 U.S.C. § 1291 , and we dismiss as moot the appeal of M. Kwon, and affirm the sentences of Meng and S. Kwon.

I

Although all three Appellants waived their rights to appeal in their plea agreements, the district court’s statements at sentencing and Appellants’ affirmative responses to these statements, in conjunction with the prosecution’s failure to object, rendered their written waivers unenforceable. See, e.g., United States v. Martinez, 143 F.3d 1266, 1272 (9th Cir.1998); United States v. Buchanan, 59 F.3d 914, 918 (9th Cir.1995). We therefore consider their appeals.

II

M. Kwon was sentenced to 30 months’ imprisonment, and if not deported, he was subject to three years of supervised release. On June 11, 2002, M. Kwon was deported to Korea. 2 As he is only appealing the sentence imposed by the *71 district court, and not the conviction underlying that sentence, M. Kwon’s deportation renders his appeal moot and is therefore dismissed. See…